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Administrative Section 1 1 ADMINISTRATIVE SECTION Letter to from Byron Laher, United Way dated August 20, 1992. Letter to Bill Green, Rosemount, Inc., dated August 19, 1992. Regional Breakfast Meeting Notice for Friday, September 11, 1992, at 7:30 a.m. Southwest Corridor Transportation Coalition Update. ' Letter to Mel and Frank Kurvers dated August 21, 1992. Application for Grant Assistance for the Minnesota ReLeaf Community Forest Program. Letter from Eric Podevels dated August 27, 1992, and Summary of Compost Demonstration Site. Letter to Don Hall dated August 31, 1992. Letter to Robert Barth dated August 19, 1992. Letter om Renae Steiner, Campbell, Knutson, Scott and Fuchs dated August 28, 1992. .fi' P g Letter to Chanhassen Seniors dated September 3, 1992. ' Letter to Residents regarding Eurasian Water Milfoil in Lotus Lake dated September 4, 1992. Letter to Josiah E. Brill re: Moon Valley Aggregate dated August 24, 1992. Letter to Vernelle Clayton, Lotus Realty dated September 8, 1992. Letter to Bill Janahosky, Value Recreation dated September 8, 1992. Memo to Don Ashworth re: Erosion Control Inspection Policy dated August 19, 1992. Memo to Todd Gerhardt re: Steve Winters' resignation dated August 19, 1992. Letters to Minnewashta Parkway Property Owners dated August 21 and September 8, 1992. 1 1 r 1 Y picAb.■ United Way A —~ 404 South Eighth Street � Minneapolis, Minnesota 55404 -1084 August 20, 1992 I (612) 340 -7400 Fax 340-7675 I 1992 BOARD OF DIRECTORS EXECUTIVE COMMITTEE Officers Robert J. Dayton Chair of the Board I Kenneth A. Macke Vice Chair Diana E. Murphy Treas urer The Honorable Don Chmiel Treasurer I Judith S. Corson Mayor of Chanhassen Secretary John E. Pearson 690 Coulter Drive Immediate Past Chair Chanhassen, MN 55317 I Chairs Scotty Gillette James J. Howard James Ron Jamm es Dear Mayor Chmiel: Thomas R. McBurney Robert D. Potts I At -Large Members I want to thank you again for the opportunity to address the city D. H. Ankeny Jr. council last month. I remain encouraged by your expression of Joan B. Hyde Robert W Johnson support- -it is through the efforts of people like yourself that we can I David A. Koch Dale R. Olseth deliver quality, needed community services. James J. Renter Ph D. Louise A. Sundin ' MEMBERS Since Mary E. Anderson Robert L Belongie Sharon Sayles Belton `` l / Marvin Borman // I Barbara Peterson Burwell Lee Cook i David C. Cox Thomas M. Crosby. Jr. Edward N Dayton T Edward L. Duren. Jr. Byron Laher I Donald P Early Nancy J. Fletcher Barbara L. Forster Director, Public Affairs Donald M Fraser Thomas R Gessner ' Roxanne Givens BI„�b Frederick Green John F Grundhofer Attachment Esperanza Guerrero - Anderson Nils Hasselmo. Ph.D. Joan Higinbotham I Jean B. Keffeler P.S. Attached is the new brochure I mentioned in my remarks. I've Reatha Clark King, Ph.D Daniel J. Kuschke sent several copies to the city manager for staff and public Duc 0. Lam distribution. Margaret Langfeld I Richard D. McFarland Connie Morrison Marilyn C. Nelson Paul V. Norman Robert M. Price Ember D. Reichgott Jacqueline M. Reis Suzanne M. Roberts Ann E. Rovang Patricia A. Sampson Robert Schnell, Jr. I Dawn H. Schnickels Jerome A. (Jerry) Streitz Ronald J. Vargas Ray Waldron Paul Walsh Kenneth A. Willcox President James C. Colville It brings out the best in all of us. 4.4, se..3-, x, CITYOF ee etZ_ct( - ll 4 T _ - t; 0 ` - . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937-5739 II August 19, 1992 1 Rosemount, Inc. II 12001 Technology Drive Eden Prairie, MN 55344 Attn: Mr. Bill B. Green, Manager Security Services 1 Dear Bill, I am writing to express my appreciation for the fact that the 1 discussions I have had with Rosemount regarding 911 emergency requests to the Chanhassen facility has certainly paid off. II Frankly, I cannot remember the last 911 call that raised any questions whatsoever. I am fully aware that changes were made internally as far as policy and procedures go, and I do appreciate the efforts of everyone involved. Thank you for the part that you played, and by copies of this memo, I will express my thanks to the others that assisted. S Ce -- ly, 1 Scott Harr 1 Public Safety Director SH:bk II cc: Sheri Alme, Health And Wellness Administrator I Julie Koch, Benefits Manager Richard Wing, Assistant Fire Chief Dale Gregory, Chanhassen Firefighter II Don Ashworth, City Manager Captain Bob VanDenBroeke, Carver County Sheriff's Department . 1 1 1 Is r4 PRINTED ON RECYCLED PAPER 1 ee P ik -N 1 1 REGIONAL BREAKFAST MEETING 1 FOR LOCAL FFI IAL O C S IN 1 CARVER COUNTY ' Metropolitan Council Chair Mary E. Anderson invites you to her annual regional breakfast meeting for local officials in Carver County. The meeting provides an opportunity to talk about the regional issues the 1 Council is dealing with. It's also a chance for you to tell us more about the impact of regional issues in your part of the Metro Area. Chair Anderson will discuss the Council's priorities. Included are our 1 New Ventures project to develop more effective ways to deliver government services, and our proposed vision and goals for the region ' in the year 2015. Council members are also interested in hearing what you think the Council is doing right, what it's doing wrong and what it should be doing in the future. 1 Meeting details follow: 1 WHEN Friday, Sept. 11 1 7:30 -9 a.m. 1 WHERE: Chaska Bell 430 Hwy. 212. Chaska 1 • COST: $6, includes breakfast, 1 tax and gratuity R.S.V.P.: Please call the Council's Community Services Department at 291 -6447 by Sept. 8. RECEIVED AUG 2 e 1qq 2 ' CITY Ur l;r -H,iri„ .atN E E SOUTHWEST CORRIDOR TRANSPORTATION COALITION 470 Pillsbury Center Minneapolis, Minnesota 55402 (612) 337 -9300 SOUTHWEST CORRIDOR TRANSPORTATION COALITION UPDATE 1 MNDOT To Announce Project Deferrals: Impact on 212 Assessed ' In a meeting with the legislative committee of the Minnesota Transportation Alliance (MTA), Commissioner of Transportation Jim Denn announced project deferrals that total $85.0 million. Citing an overestimate of federal funds, increasing costs of right -of -way acquisition, and accounting shifts, the Commissioner stated that the deferrals will occur regardless of the outcome of the 1993 legislature. The deferred projects will not be dropped from the Minnesota Department of Transportation's (MNDOT's) program but will have letting dates delayed anywhere from 6 months to a year. MNDOT officials have indicated that the first phase of the Highway 212 reconstruction - Prairie Center Interchange over 212 - will be rescheduled for a June, 1994 letting rather than November 19, 1993. Being aware of the delays regarding the environmental impact statement (EIS) and the permits for the Technology Drive projects, the deferral is not a surprise. The Coalition, however, will need to work against any further delays. Given the new letting date the schedule for the identified programmed projects is estimated to be as follows: , MNDOT PROGRAM Project Letting Date: New Date , Technology Drive Surcharge March 27, 1992 Spring, 1993 Technology Drive Surfacing June 25, 1993 Spring, 1994 Prairie Center Drive over TH212 November 19, 1993 June, 1994 Denn Outlines Process for 1993 Session Commissioner Denn also discussed the 1993 legislative process with the MTA legislative committee. He stated that prior to the election, MNDOT will assist a coalition of private organizations in preparing information documenting the need for additional 1 revenues for transportation. MNDOT will not advocate a specific funding package prior to the November election. REG V AU'; = 1992 1 CFY i- 1 1 The Commissioner advised the committee to move away from requesting the dedication of a portion of the motor vehicle excise tax for transportation. In fact he referred to proposals to un- dedicate the highway user fund and authorize its use for 1 transit. While he did not support the proposals, he urged the committee to recognize that transportation funding includes highways and transit. To keep the highway construction program whole, the commissioner suggested that a 5 cent increase in the motor fuels tax 1 is needed and an additional $27.0 million will be needed for transit. Eden Prairie Council Authorizes the Heritage Preservation Commission 1 to Sign Memorandum of Understanding At its August 18, 1992 meeting the city council authorized the Heritage Preservation I Commission to sign the memorandum of agreement. The memorandum is the agreement between MNDOT and the Minnesota Historical Society and it outlines the actions to be I conducted by MNDOT to document and or protect historical and archeological sites located along the right -of -way. The Commission is a party to the memorandum because several sites are located in Eden Prairie. The Commission will review the memorandum 1 at its September meeting. If all parties sign the memorandum by mid - September, it is probable that the EIS 1 will be approved within calendar year 1992. MNDOT Meets With Concerned Property Owners Regarding 1 Right -of -Way Acquisition Process Concerned about the right -of -way acquisition process, several property owners 1 living in the school house neighborhood of Eden Prairie met with MNDOT officials. The meeting was held on Thursday, August 20, 1992 at the Eden Prairie City Hall. The neighborhood spokesperson, John Carroll, outlined the group's concerns through a 1 series of written questions and examples. MNDOT staff headed by district engineer Bill Crawford responded to the questions. 1 Being aware of the concerns and examples of alleged procedural deviations, Mr. Crawford told the neighbors that "they are MNDOT's customers and the Department will do everything to correct the situation." Mr. Crawford invited the property owners to call I him to request a review of their acquisitions and promised to implement procedures to ensure conformance with program guidelines. 1 MNDOT Prepared to Discuss Traffic Circulation Plan for Prairie Center Drive Project 1 MNDOT's Golden Valley staff has developed a traffic circulation plan to cope with the construction of the Prairie Center Drive interchange. Scheduled for construction in I 1994, the project will impair access to numerous businesses in the area and MNDOT has prepared a construction plan to mitigate the impact. A meeting hosted by the Coalition to review the plan will be scheduled for late September. 1 If you have any questions, please call Gene Ranieri at 612/341 -3646. 1 CITYOF CHANHASSEN 690 C LTERD DRIVE BOX • OU R P.O. .O BO 47 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 August 21, 1992 1 Mr. Mel Kurvers ' Mr. Frank Kurvers P.O. Box 512 Kurvers Land Company Chanhassen, MN 55317 ' Re: Kurvers Point 2nd Addition Project No. 91 -11 1 Dear Mel and Frank: This letter serves as a follow -up to our recent meeting concerning building permits in the Kurvers Point 2nd Addition. As we discussed, the City was concerned about granting further building permits within the subdivision prior to completion of the site improvements, specifically site grading. It is estimated that there is approximately 6,000 to 8,000 cubic yards of excess material remaining on the site. You explained that there may have been some errors in determining the amount of material to be excavated on site combined with recent difficulties in getting rid of the material has left the work incomplete. You also indicated that you will continue to attempt to have the material removed from the site. One potential option you had indicated was having the material removed by the developer Y er P of the proposed Ithilien subdivision in Chanhassen. I recently spoke with Mr. Richard Bloom, the development liaison for the developer, who informed me that some difficulties were being experienced in acquiring the property through bankruptcy court proceedings. A hearing date is set for September 9, 1992 at which time he hopes to have the matter resolved and transfer of ownership of the property. While this may appear to be a possible solution to the problem, I would strongly urge you to continue to pursue other options for the removal of this excess material from the site as soon as possible and complete the site grading work. Given this understanding, the City is willing to process the building permit for Lot 5 and will consider future permit submittals on a case -by -case basis pending progress in completing the site grading work. As we get closer to the end of another construction season, it will P .. PRINTED ON RECYCLED PAPER 1 Mr. Mel Kurvers 1 Mr. Frank Kurvers August 21, 1992 1 Page 2 become more and more difficult to get rid of the excess material. It is my understanding that your development contract also expires this fall. If all the site improvements are not completed prior to expiration of the development contract, you will be required to go before I the City Council to request a deadline extension, or the City may be forced to draw on the letter of credit to complete the work. I If you'd like to contact Mr. Bloom directly, he can be reached at 475 -9005. I can't stress enough the importance of completing the remaining punch list items and site grading as soon as possible. If you should have any further questions or comments on this matter, I please feel free to contact me. Sincerely, 1 CITY OF CHANHASSEN 1 / 1 Charles D. Folch, P.E. City Engineer 1 CDF:jms c: Dave Hempel, Sr. Engineering Technician 1 Bob Sellers, Van Doren Hazard Stallings Don Chmiel, Mayor City Council Administrative Section (9/14/92) 1 1 1 1 1 1 STATE OF rt�� t -! ' , 1 DEPARTMENT OF NATURAL RESOURCES MINNESOTA ReLEAF 1 COMMUNITY FOREST PROGRAM 1 Application for Grant Assistance 1 MUNICIPALITY /QRWMIZATION • COUNTY CITY OF CHANHASSEN CARVER COUNTY CONTACT PERSOM TELEPHONE NUMBER JO ANN OLSEN 937 -1900 ADDRESS (No. i Street, RFD, Box No.) CITY, STATE d ZIP CODE 690 COULTER DRIVE, P.O. BOX 147 CHANHASSEN, MN 55317 1. Project Description (state purpose, objective and describe project): 1 SEE ATTACHED FOR RESPONSE 1 1 1 1 1 2. Project Cost: $ (Total Cost) SEE ATTACHED FOR RESPONSE Local Unit Share Cash (In -kind Contributions) Grant Amount Requested: $ 1 l (Must not be greater that SO% of project cost) (Over) 1 1 APPLICATION FOR GRANT ASSISTANCE (Continued) 1 3. Personnel Involved: (List personnel with their qualifications, experience and supervision responsibilities) SEE ATTACHED FOR RESPONSE 4. Tree Planting Projects- Description (include location of trees, number of trees to be lanted species P � s P and size of trees, vicinity maps showing planting sites, and permission to plant if on public 1 property): (Attach supporting documentation if necessary) 1 SEE ATTACHED FOR RESPONSE 1 1 ' 5. Planting Standards for Tree Planting Projects: (specify site selection, site preparation, planting stock selection and care, dates of planting and maintenance schedule) 1 SEE ATTACHED FOR RESPONSE 1 6. Additional Information: (If no to any question, attach explanation) YES NO 1 a. Does community meet TREE CITY USA standards? © Q I SEE ATTACHED FOR RESPONSE an organization is it incorporated as a 501 (c)(3) non -profit corporation? 0 Q 1 1 certify this information is valid card factual as described in this application and that all costs we eligible 111 under the MINNESOTA ReLEAF Community Forest Program. RETURN TO: tilti-' (1-44‘.1 MINNESOTA RaLJEAF STEERING COMMITTEE CHAIRPERSON (S- � Pture of community/organization official) ' DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY SENIOR PLANNER 1 (see address 'list) Date: AUGUST 27, 1992 1 1 1 CITY OF CHANHASSEN, MINNESOTA MINNESOTA ReLEAF COMMUNITY FOREST PROGRAM 111 APPLICATION FOR GRANT ASSISTANCE 1. PROJECT DESCRIPTION I The City of Chanhassen just recently served as a pilot project for the Minnesota Department of Natural Resources Forestry Division by having all of the city's trees inventoried. This inventory I is going to be the basis for a new tree preservation and reforestation ordinance which will be at the forefront of municipal ordinances and used as an example for other metropolitan cities. As the ordinance is being drafted, the city has made it a policy to implement the ordinances goals I with current projects. The goals of the Tree Preservation and Reforestation Ordinance are to promote reforestation of the city with hardy native plants, to preserve significant stands of trees, and to promote environmental and energy conservation through landscaping. Two major areas I that the city has direct control to implement the goals are public street projects and public park development. Therefore, the city is proposing projects for the grant proposal which will provide reforestation and conserve the environment and energy. 1 The project contains two parts, the landscaping of Audubon Road and Kerber Boulevard, and the landscaping of Sunset Ridge Park. 1 Audubon/Kerber Proiect Audubon Road and Kerber Boulevard are located just west of downtown Chanhassen, and abut I residential neighborhoods and an industrial office park (see attachment). The City of Chanhassen 1 , is making improvements to Audubon Road and Kerber Boulevard, and a part of these improvements is to develop a landscaping plan that not only provides visual benefits, but environmental and energy benefits. Thus, the landscaping for the Audubon/Kerber project went I one step further by using trees which will reduce energy use through provision of shade and windbreaks, by using trees which are quality plants and drought resistant, and by using trees which used to be present in this area prior to development/farming. The plans for the I Audubon/Kerber project are very large and extensive, so a cross section has been provided for review. The plans call for approximately 600 -625 trees including a variety of lowland, central and northern hardwoods. The landscaping will provide approximately 2400 lineal feet of I boulevard plantings. The length of Audubon Road and Kerber Boulevard .included in this project contains no ' boulevard trees. As a result, the pavement area has no shade from the sun during the summer or wind screen during the winter. The proposed project will greatly improve this condition. Sunset Ridge Park I The second project, Sunset Ridge Park, is a neighborhood park located in a planned unit 1 development serving approximately 200 single family residences. The PUD, Lake Susan Hills, 1 1 I Application for Grant Assistance August 27, 1992 Page 2 1 was developed on an agricultural field which had removed almost all of the existing vegetation resulting in a bare "cornfield ". Again, a primary goal of the City is to reforest areas with native I vegetation to reclaim vegetated areas that existed in Chanhassen, and through this reforestation, design the landscaping to conserve energy. The proposed landscaping for the park was designed to provide screening from winter winds, shade for walking and parking areas, the enhancement ' of wildlife habitat, and providing a variety of textures and colors to enhance the attractiveness of the park. The plans for Sunset Ridge Park are attached. I These projects will be performed without grant funding, however, the grant will allow the city to plant additional species for the purpose of shading the streets and pavement, and providing a wind screen. I The goals of these projects (reforest with native vegetation, provide environmental and energy conservation) are achievable as detailed above. The projects are proposed to be constructed 1 during the 1992/93 construction season, and will be cost effective through the mass purchasing of plant materials. The projects are innovative by using native plant material to replace vegetation that has been removed from the area. 2. PROJECT COST 1 Audubon/Kerber Street Improvement Project $ 100,000 Sunset Ridge Park $ 25,000 1 Total $ 125,000 City Contribution $100,000 (80%) I Grant Amount Requested $ 25,000 (20%) I 3. PERSONNEL INVOLVED Mark Koegler, Hoisington - Koegler Group Inc., Registered Landscape Architect in the State of 1 Minnesota. Mr. Koegler prepared the landscape plan. Dale Gregory, Park Superintendent, will oversee installation and maintenance of all plant I materials. Mr. Gregory has been responsible for all grounds maintenance in Chanhassen, including a City owned tree farm, for over 20 years. ' I Barry Warner, Barton Aschman, Registered Landscape Architect in the State of Minnesota. Mr. Warner prepared the plans. 1 Wm. Scott Midness, Registered Landscape Architect in the State of Minnesota. Mr. Midness prepared the plans. 1 1 Application for Grant Assistance August 27, 1992 Page 3 4. TREE PLANTING PROJECTS 1 Audubon/Kerber Proiect The landscaping plan for Audubon/Kerber project calls for a mixture of deciduous and coniferous species. Proposed plantings include Red and Sugar Maples, Pin and Swamp White Oak, American Linden, Ohio Buckeye and Regal Elm. The minimum size of planted trees will be 2 1/2" - 3" caliper for deciduous species and 7' height for conifers. All trees will be planted within city right -of -way with a 35' -40' spacing. 1 Sunset Ridge Park The Concept Landscaping Plan for Sunset Ridge Park calls for a mixture of deciduous and coniferous species. Suggested trees are identified on the plan (attached). The minimum size of planted trees will be 3" caliper for deciduous species and 7' height for conifers. All trees will 1 be planted within the park property which is owned by the City of Chanhassen. 5. PLANTING STANDARDS Audubon/Kerber Proiect 1 The plant materials will be located as generally shown on the cross section. All plant roots and earthballs will be kept damp and thoroughly protected from sun and drying winds at all times from the beginning until the final operations, during transportation, and on the ground until the final operation of planting. The bottom of the pit shall be prepared with a four to six-inch layer of properly compacted plant soil mixture modified with specified compost so that the tree, when set, is level with surrounding surfaces. The plants shall be planted in the center of the holes and at the same depth as they previously grew. Planting soil shall be backfilled in layers of not more that 9 ", and each layer stamped before the next layer is put in place. Enough topsoil shall be used to bring the surfaces to finish grade when settled. All trees shall be planted in the topsoil so that the top of the tree ball is at, or 1" maximum below, finish grade. A saucer shall be provided around each plant and plant pits shall be saturated with water within 24 hours of planting. Shredded bark shall be installed around the base of all trees. Plant materials will be installed during appropriate times in the spring or fall, and routine maintenance will commence immediately upon planting. Normal maintenance will include fertilization, watering and pruning as necessary. Sunset Ridge Park 1 Plant materials will be located as generally shown on the Concept Landscaping Plan. During 1 planting operations, it is likely that heavy clay soils will be encountered. In reaction to such t 1 Application for Grant Assistance I August 27, 1992 Page 4 I conditions, all plant pits will contain an excavated rock "sump" which will be covered with a geotextile fabric to provide a drainage well for water. This technique has been used in other planting projects in the area and has proven to be beneficial. The backfill mix will be an I improved soil mixture. A tree planting detail is shown of the Concept Landscaping Plan. All nursery stock shall be specified as being in conformance with the American Standard for ' Nursery Stock as published by the American Association of Nurserymen. Plant materials will be installed during appropriate times in the spring or fall, and routine maintenance will commence immediately upon planting. Normal maintenance will include fertilization, watering 1 and pruning as necessary. 6. ADDITIONAL INFORMATION 1 a. TREE CITY USA I The City of Chanhassen has not yet received the designation of Tree City USA, but meets the Tree City USA standards and intends to apply for the designation this year. I 1) The City Park and Recreation Commission is currently the Chanhassen Tree Preservation Board and has officially taken on this duty (see 1 attachment). The City is currently taking applications for a separate Tree Preservation Board which will consist of one member from the City Council, Planning Commission and Park and Recreation Commission, and I four members of the public (see attachment). The Tree Preservation Board will begin meeting in September /October of 1992. 1 2) The City of Chanhassen has a landscaping/tree preservation ordinance in effect. One of the first jobs of the Tree Preservation Board will be to use I the recently completed tree survey of the whole city and draft a new tree ordinance which provides for reforestation of native vegetation and standards for landscaping which promotes environmental and energy 1 conservation. 3) The population of Chanhassen currently is at 12,500. The City has far I exceeded the $2 /capita for 1992 through the landscaping of public parks and the purchasing of property solely for the preservation of existing tree cover. 1 4) The City Council adopted a resolution declaring May as Arbor Month for 1992 on April 13, 1992. The City is also participating in several Arbor 1 Day/Month activities, including tree plantings, tree sales, and distribution of free trees (see attachments). II 1 1 1 1 1 ATTACHMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 ria WC iv —�-4._ --Asia' � 11,� � IN I; Sr i� n. ■ , „ i I _ l ' 1--14 L.: • ° �. ` e — 4:• \ -� ' b � w - �� au Kilt rnMrSe ; 1 sEACN 114 PAIR mmmmmm IN -, v . v WOO v. . .,j S�i�fwlwrt i I .ARK „&� i . - � _ ��.* �► `I sr. � = , �r , ; q /�/ ' � _ . z � G ,� ,,11, re �`Y r a le am o lim u p t �, _ _ .- . \ ,..r. �. ' v so, LAKE L[/Cf Hr `� g� ' - s„:"! t / 1111 t �� L O �l/S in ' 1 � ,,�� `L �. X 1111. ° . .101\ LAKE ANN *LW PARK wr ,. � = -�„, Q. \ LAKE 1---F --- ill I AKE — 1 ' ANN t_ ' MI III tlr...,ti PARK 8E •••• • RBER �- ;M M J ='LV i a _ E I . ! , Mu. its 3 C _ ' _ • • oi ...........t . 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I. 196 e= f I //177e.....' . tp I� I = A / 1.-- I Ai' 1 1 1 \,► r 1 ' ' .-------- _ • BOULEVARD TREE PLANTINGS •-- --- IJJJ "'•,,;., 0- • --- ----- 35 -4.0 FEET ON CENTER ; '4 ; ' ; ' 4 , ;+r- NOTE: EXACT TREE LOCATIONS MAY VARY • :,► , ' r,� ''�" DUE TO UTILITY LOCATION ti , • ,O ' ,,' if' ' a 1. ct 6• 8' e ■ I 1 c I MMt ' �.rv/¢�jMN /ei�4dat' .�iq/MI/Iill /� 1 1 -8 1a ' - — 16' - . 33 3I - 100• L0' TYPICAL STREET AND BOULEVARD DIMENSIONS • INIi Wm — — I w— NM all 1111• MINI MI MI IIIIIII MN IIIII OM N VIII 1 SECTION 2 SPECIAL PROVISIONS (GENERAL) 1 201. GENERAL, 1 The purpose of this Section of the Specifications is to generally outline the SPECIAL CONDITIONS for the installation and construction of earthwork, storm sewers and turf establishment together with the GENERAL CONDITIONS as 1 embodied in Section 1. 1 202. OWNER The work described and outlined in the specifications and shown on the drawings 1 will be done for City of Chanhassen, hereinafter referred to as the "Owner," with whom the successful bidder shall enter into an Agreement to construct this project. 1 203. DEFINITIONS The definitions of "Owners" and "Contractors" as described in the GENERA}:. CONDITIONS shall be expanded to include the authorized representatives of 1 both the Owner and Contractor. The terms "Landscape Architect" and "Engineer" refer to the Owner's consultant 1 for the Project, Barton - Aschman Associates, Inc., 111 Third Avenue South, Suite 350, Minneapolis, MN 55401, 612 -332 -0421. 1 2C4, EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK (1205) Plans and specifications are available from Barton - Aschman Associates, Inc., 111 1 Third Avenue South, Suite 350, Minneapolis, MN 55401, phone 332 -0421. A non - refundable deposit of $25.00 is required for each plan and specification set and 55.00 for postage and handling. Plan sets are on file for review at the City of Chanhassen. 1 205. DELIVERY OF PROPOSALS (1209) : Sealed bid responses shall be submitted to the City Clerk, City of Chanhassen, 690 Coulter Drive, Chanhassen, MN 55317, by the designated date and in accordance with the instructions printed on the Bid Form. 1 1 1 1 206. AWARD OF CONTRACT (1302) provisions of Award of Contract shall be performed in accordance with the p MnDOT 1302 except as modified below: Delete the first paragraph and add the following: The Award of Contract, if it be awarded, will be made within sixty (60) calendar 1 days after the opening of proposals to the lowest responsible bidder who complies with all prescribed requirements. The successful bidder will be notified by letter, mailed to the address shown on the proposal, stating that his bid has been accepted subject to the execution and approval of the Contract as required by law. 207. REQUIREMENT OF CONTRACT BOND (1305) 1 Delete the paragraph and substitute the following: 1 The Contractor shall furnish a Surety Bond, the Sureties of which must be acceptable to the Owner, in an amount equal to 100 percent of the Contract ' amount, which bond shall further expressly guarantee full and complete payment to all persons performing labor and /or furnishing materials in connection with the Contract and which bond shall indemnify the Owner for the loss sustained by the Omer on account of or by reason of the acts of the Contractor or the acts of anyone directly or indirectly employed by the Contractor in the prosecution of the work. 2C8. SUPERVISION BY CONTRACTOR (1506) Article 104 should be amended as follows: -' Contract, the Contractor shall During, the life of the Cont a t, provide and have at all times t p a competent Superintendent in charge of the overall project, who will personally be on call 24 hours a day and shall be available at the job site within four (4) hours notice. The Superintendent may be either the Contractor himself or a responsible employee authorized to act in the Contractor's behalf. This individual shall be fully authorized to conduct all business with the subcontractors; to negotiate and execute all supplemental agreements; to execute the orders and direction of the Project Manager without delay, and promptly supply the materials, equipment, tools, labor and incidentals necessary for prosecution of the work. 209. PARTIAL PAYMENTS ( 1906) 1 The provisions of MnDOT 1906 are amended to include the following: , Partial payments will be made within 35 days following the receipt of each partial estimate prepared and submitted by the Contractor. 1 An amount equal to five percent (5 %) of each partial estimate shall be retained by the Owner until, in the opinion of the Project Manager, the work is substantially completed, after which time the retained percentage may be reduced 1 to an amount equal to the reasonable costs of minor corrections, adjustments, uncompleted work or unsatisfactory work yet remaining to be done on the contract. 1 No payment will be made for material delivered to the site and not incorporated in the work, unless specifically fabricated for the job, in which case, consideration 1 may be given to the labor and materials required for fabrication. 210. FINAL PAYMENT Article 129 shall be amended as follows: ' Final payment will be made upon certification by the Minnesota Commissioner of Taxation that the Contractor and any subcontractors have complied with Chapter 213, Article 1, Section 1, Minnesota Laws, 1961, which requires an affidavit of payment of withholding of income taxes. Forms for this purpose are available a: the State Department of Taxation, Income Tax Division, Withholding Unit. 211. PROJECT SCHEDULE AND PROGRESS REPORT 1 A project schedule shall be submitted to the Owner prior to project initiation. The progress schedule shall be kept current and shall he amended as weather, delivery of material, and availability of labor equipment dictate. 2.12. PARTIAL UTILIZATION Article 129. of the GENERAL CONDITIONS shall be amended to include the following paragraph: 1 The acceptance and the use of any part of the project does not in any way release the Contractor from his responsibility for the entire project, and the guarantees and warranty on the entire project shall be in effect for one year from the date of final acceptance of the entire project. 1 • 213. COORDINATION Multiple contractors under separate contract agreements may be worldng on -site 1 simultaneously. Each contractor shall communicate regularly with the other contractors in order to schedule construction tasks and allow for efficient progression of construction activities. The Owner shall not be responsible for any 1 delays incurred as a result of other ongoing construction contracts including all associated costs therefore. 1 1 1 The Contractor shall also coordinate with the Owner and any utilities that have responsibility for removing existing site elements. 214. INSURANCE 1 The insurance to be maintained by the Contractor is described under Article 118. of the GENERAL CONDITIONS. 1 215. SCOPE OF WORK The scope of work includes the furnishing of all labor, materials, equipment, tools, supplies, and incidentals which may be necessary to construct, complete in-place the following changes or improvements. Park improvements shall include spring and fall season landscape plantings. Work is shown on the drawing and /or outlined in these specification. 1 216. LOCATION OF WORK The work included in this specification lies wholly within the City of Chanhassen, 1 Minnesota. The general location of the work is shown on Sheet 1 of the drawings. 1 217. COMPLETION Completion of all work shall be completed by June 1, 1993. Fall planting shall be competed by November 15, 1992. When the Contractor has completed the work on each stage of construction, he shall request inspection. It is anticipated that only semi-final and final inspections will be required. Should additional inspections be needed because of the Contractor's failure to complete the first check list., the Owner may bill the Contractor for the cost of additional required inspections. 1 218. "APPROVED EQUAL" CLAUSE All articles specified by ' Z s cified b y trade names are to be considered as standards. When 1 more than one manufacturer of materials is specified, the option as to which manufacturer's product is to be used will be with the Contractor. When only one manufacturer is specified other makes of equal value, quality, and workmanship may be used, however, any such substitution shall be approved by the Owner or landscape architect /engineer in writing previous to receipt of the Contractors bid. Requests for substitution must be submitted to the Consultant not less than seven (7) calendar days previous to the bid due date. Requests must include technical supporting information as required to obtain comparisons. 1 1 1 219. SUBSTITUTIONS AND ALTERNATES The landscape contractor shall be bound to supply those materials which are identified in the plant schedule and illustrated on the landscape plan unless a substitution has been approved in advance. Should the landscape contractor wish to suggest a substitution of plant material (size or species) prior to submitting his /her bid, he /she must request approval of the landscape architect or Owner. Approval will only be given if the contractor can show that the plant material specified is not reasonably available. The landscape architect and /or Owner shall determine what constitutes reasonable availability. 220. COMPACTION ' Where requirements action uirements are specified or where it appears that adequate P 9 compaction has not been obtained, compaction tests may be directed by the Owner at the Owner's expense to verify a meeting of the requirements. Any retesting required shall be paid for by the Contractor at his own expense. 221. SPECS DEFINED The phrase "MHD SPECS" or "MnDOT SPECS" as it appears in these specifications shall mean the Minnesota Department of Transportation, Standard Specifications for Construction, dated June 9, 1988, and as amended or revised. If any items or method of construction is not specifically covered in these specifications, then the "MHD SPECS" shall apply. ' 222. CONSTRUCTION LIMITS The Contractor shall confine his operations to actual construction areas limited by 1 road right -of -way, easements, property boundaries, or as shown on the drawings. Ingress and egress to the construction areas and internal haul road are to be as ' directed by the Owner or as negotiated by the Contractor. Damaged access ways or internal roadways shall be restored to their original condition at the Contractor's expense. 223. MINNESOTA SALES TAX In the preparation of the Bid Proposal for this it is assumed that the Bidder has taken into consideration any sales, fuse or excise tax that might be assessed on the purchase of and the storage, use or consumption of any materials, services or supplies for performance of the contract work. Any such tax paid by the Contractor will be considered incidental expense for which no direct compensation will be made, other than the Contract Unit Price Bid which shall, 1 without exception, include compensation for any and all taxes in any way involved in the Contract Work. 1 1 1 224. WORKMANSHIP AND CLEANUP 1 It is the intent and purpose of the Contract Documents to obtain good workmanship throughout, with the completed work complying with the specifications and the drawings and in full working order upon completion. The work will not be accepted until this result is obtained. 1 The cost of all material and labor required to complete this project as specified and shown on the drawings, but not specifically included as a pay item, shall be merged with the various unit prices bid. The Contractor shall conduct his operation in such a manner so as to protect 1 appurtenances within the right -of -way such as street name signs, traffic signs, and mail boxes. During construction these items shall be temporarily relocated as necessary and subsequently replaced in final location at the completion of the 1 work. Any of the appurtenances damaged during construction shall be repaired or replaced at the Contractor's expense. All debris or rubbish caused by the Contractor's operation shall be removed and the areas occupied during such operation left in a neat, presentable condition. 1 225.. LIQUIDATED DAMAGES The Contractor acknowledges and agrees that time is of the essence in the 1 perfcrmance of its duties and obligations hereunder and in the timely completion of the Contractor's work in accordance with the terms of this agreement, and that ' the exact amount of damages for any delay in completion of such work would be impossible to ascertain. If the Contractor shall fail to timely complete all of the work hereunder in accordance with the terms of this agreement, after giving effect to any extension or modification in the time of completion expressly provided for in this agreement, the Contractor and its sureties shall be liable for and shall pay to the Owner, as fixed and liquidated damages, and not as a penalty, the sum of S200 for each partial or complete calendar day until completion. Said liquidated damages shall be payable promptly upon demand, and the Owner shall be entitled to offset such liquidated damages against and deduct the same from, any amount 1 payable by it to the Contractor under this agreement. The right and remedies provided for herein shall be in addition to, and.not in lieu of, all other rights and remedies provided for herein nor the receipt of liquidated damages hereunder shall constitute an election of remedies by the Owner. Liquidated damages shall apply to the completion date indicated in Section 217 above. 1 226. INCREASE OR DECREASE IN QUANTITIES Because of an anticipated cost overrun from revious estimates uncertainties p p ales and uncertaint es of specific site conditions, the city reserves the right to increase, decrease or eliminate any of the unit items. 1 1 227. SURVEYING AND LAYOUT The Contractor will provide all staking and layout necessary for plant locations. Staking shall be approved by the Landscape Architect /Engineer or Owner prior ■ to planting. The Contractor shall provide a 48 -hour notice to Landscape ■ Architect /Engineer to request approval. All stakes shall clearly identify the plant species by abbreviation. The Contractor shall protect the stakes once they are 1 installed and shall provide such protection for the duration of the work. Stakes or reference lines once placed and damaged or destroyed because of the Contractor's method of operation, vandalism, or negligence will be replaced at the Contractor's 1 expense. ' 228. PRE - CONSTRUCTION CONFERENCE Prior to the start of any work, there will be a pre - construction conference ' arranged by the Owner. Representatives of all utility companies, the Contractor and project foreman will be notified to be present at this meeting. Al this meeting, the Contractor shall submit in writing to the Owner for approval, a schedule of procedure in accordance with Section 1803 MnDOT Standard Specifications, and, after once approved, he shall not deviate from it without 1 written permission from the Owner. The schedule of procedure shall essentially indicate the number of crews to be employed, locations of work for each crew, time schedule and sequence of moves and other pertinent information as required 1 by the Owner. 1 229. PERMITS The Contractor is responsible for obtaining all required City permits. 1 230. WATER ACCESS ' Water may be obtained from municipal hydrants via permit from the City of Chanhassen. The Contractor is responsible for requesting the permit and shall pay all fees associated with the permit application and water usage. • 1 1 1 1 1 1 SECTION 3 1 SPECIAL PROVISIONS (TECHNICAL) FOR CITY OF CHANHASSEN BOULEVARD PLANTINGS 301. STAKING AND LAYOUT 1 A. DESCRIPTION The Contractor shall provide all staking and layout for approval by the Landscape Architect or Owner, as may be necessary to identify proposed planting locations. The Contractor shall protect the stakes once they are installed and prior to plant installation. Stakes once placed and damaged or destroyed because of the Contractor's method of operation, vandalism, or negligence shall be replaced at the Contractor's expense. Tree Contractor shall provide a 48 -hour notice to the Landscape Architect or Owner for stake approval. Each stake shall be clearly marked with the tree species letter symbol. No additional payment will be made for clarification or interpretation of plans or change of grades. 1 E. METHOD OF PAYMENT This work shall not be measured for payment. Payment for all required staking and layout work will be made at the contract lump sum price for the item "Staking and Layout." 302. MOBILIZATION (2021) A. DESCRIPTION This item shall consist of preparatory work and operations, including but not 1 limited to, those necessary for the movement of personnel, equipment, supplies, signage relocation, maintenance of traffic, and incidentals to the project site. 1 B. MEASUREMENT AND PAYMENT • Mobilization will not be measured for payment. Payment for mobilization operations will be made at the contract lump sum price for the item "Mobilization." 1 1 1 1 All shade trees and coniferous trees shall be sealed in the nursery by the Owner in the presence of the Contractor. At the Owner's option, all or a representative quantity of shrubs will be approved at the nursery by the Owner in the presence of the Contractor. The Contractor shall notify Owner one week in advance of ■ nursery stock removal to allow for suitable inspection. Plants shall be inspected ■ for size and quality only; variety, color and all other requirements shall be the responsibility of the Contractor. Any plant material delivered to the site which 1 does not satisfy all of the requirements of these Specifications shall be removed from the site by the Contractor at his expense and shall be replaced by materials meeting these requirements. No inspection or sealing of plant materials as herein 1 specified shall be taken to change or modify these requirements in any way. 1 Conditions The digging and moving of all plant material shall conform to the specifications 1 established by the American Association of Nurserymen Standards. Balled or Burlapped Plants Plants marked "BB" on the Plans shall be adequately balled and burlapped. No plant shall be accepted when the ball of earth surrounding its roots has been 1 cracked or broken, preparatory to or during the process of planting, or when the burlap. staves, ropes or platforms required in connection with its use, have been removed. Plants shall be du g when soil in the nursery is moist so that the balls will be firm and relatively free of loose or crumbling earth. After the plants have been properly set in pits and partially backfilled, the cord shall be removed from the top one -third of the ball. 1 All balled and burlapped plants that cannot be planted immediately on delivery, shad be set on the ground and the balls well covered with soil, straw, or other acceptable material and such material shall be moistened periodically to prevent drying. 1 Container -Grown Plants Ground covers indicated on the planting schedule shall be container -grown stock. 1 These plants must meet all the requirements of this Section of the Specifications and they shall not be root - bound. These plants shall be handled in sucb a manner that when they are removed from the containers for planting, no damage is done ' to the plants. 1 Plants shall not be pruned prior to delivery, except as authorized by the Owner. 1 z_x 1 303. TREES, SHRUBS, AND GROUND COVER (2571) 1 A. DESCRIPTION This work consists of furnishing and installing landscape plantings, and related 1 materials, including all labor, material and equipment as specified herein, and in accordance with the Drawings. 1 B. MEASUREMENT AND PAYMENT Payment for trees, shrubs, and ground cover shall be on a unit (each) basis including all related work and materials; excavation, installation, plant material, planting soil, fertilizer, required staking, shredded bark mulch, painting, rodent protection, watering, maintenance guarantee, and other materials or measures. The Contractor shall be responsible for repairing any damage to park elements, facilities, or site during planting. This includes access and haul road damage. These costs are incidental to the planting costs. ' C. PLANTING SCHEDULE in work is to be completed during the following planting periods, Al: landscaping g P g gP 8P � unless authorized in writing by the Owner. See Plant Schedule of Sheet 2 for specific planting periods for each tree, plant, and ground cover. 1 Material Planting Period Deciduous trees and ground cover October 1 through November 15 (fall) Coniferous trees and shrubs April 7 through May 17 (spring) 1 Deciduous trees and shrubs April 7 through June 1 (spring) 1 D. MAINTENANCE The Contractor shall properly care for all plants, doing such watering, fertilizing. Th C o P P Y P �• 8 g� & cultivating, adjusting of bracings or other maintenance work which is necessary to keep the plants in a healthy condition and in a plumb position. All plants shall be watered as seasonal conditions require, and as directed by the Owner, until final acceptance. At any time during the life of the Contract, the Owner may require the Contractor to remove any dead, unhealthy or unsightly plant. E. GUARANTEE AND ACCEPTANCE 1 The contractor shall guarantee that all plants shall be in a healthy and vigorous condition one full growing year after final inspection. After the final inspection, ' the Owner shall, again, inspect the planting work, and the individual plants will be 1 either accepted or rejected. Plants that are dead, or in the opinion of the Owner have become diseased, or have been injured, or have lost their natural shape due to dead branches or stems, excessive pruning or other causes, will be rejected. ' Rejected plants shall be replaced once by the Contractor in accordance with the Drawings and Specifications not later than one year after final inspection. F. PLANT SELECTION Upon award of Contract, the Contractor shall inform the Owner of his intended 1 sources of plant material. If the Owner desires, he may elect to visit these sources with the Contractor to select and identify the particular plants desired for the project. This selection of material shall in no way relieve the Contractor from his obligation to provide healthy plants as herein required. G. PLANT MATERIALS All plant materials installed shall be #1 Grade quality stock. "Park grade" will not be allowed. F:ant materials shall conform to the types shown on the Drawings and as specified herein, and all plant materials shall conform to the American Association of Nurserymen Standards. Plant names used in the Plans conform to the Standardized Plant Names adopted ' by the American Joint Committee on Horticultural Nomenclature. In cases not covered therein, the custom of the nursery trade is followed. Plants shall be sound, healthy, vigorous, free from plant disease, mechanical defects, abrasions, insect pests, or their eggs, and shall have healthy, normal root systems. Plants shall be freshly dug and shall not be heeled -in stock or from cold storage. No plant shall be so bound with rope or wire at any time as to damage the bark, break branches, or destroy its natural shape. Height and Caliper The height and spread of all plants and the height of tree trunks to foliage line ' shall be measured with the branches in their normal position. Tne caliper of all deciduous trees shall be measured in accordance with American Association of Nurserymen Standards. The lower branches of a tree need not be the height as specified for the foliage line, but they shall be of such height that the required foliage line may be obtained by pruning without affecting the shape and form of the tree. 1 H. PLANTING SOIL All planting soil used in this work shall be fertile, friable, natural topsoil typical 1 for this locality. It shall not contain a mixture of subsoil or slag and shall be free of lumps, stones, plants or their roots, stalks and other extraneous matter and shall not be used while in a frozen or muddy condition. Planting soil shall have an acidity range of pH 5.5 to pH 7.5 and shall contain not 1 less than five percent organic matter. I. TREE PAINTING 1 A.11 trees that do not have established hardened or woody bark shall have their trunks painted with undiluted exterior white latex paint. The Landscape Architect /Engineer shall elect those trees to be painted. J. PLANT BED MULCH - SHREDDED BARK 1 Shredded bark mulch used in and around plantings shall be clean and without foreign debris. Cost shall be incidental to the plant unit cost. K COMMERCIAL FERTILIZER ' All fertilizer shall be delivered to the site in the original unopened containers which shall bear the manufacturer's guaranteed statement of analysis. 1 Com.:nercial fertilizer shall be a complete fertilizer, part of the elements of which are derived from organic sources. It shall contain a ratio of 6 Nitrogen: 10 Phospho:ic Acid: 4 Potash unless otherwise specified. 1.. ORGANIC COMPOST SOIL AMENDMENT 1 Organic compost shall be Grade 2 compost (MnDOT 3890) void of animal or poultry manure. Compost shall be mixed in a 3:1 ratio (volume or weight) with native soils prior to backfilling within tree pits or planting beds. M. ANTI - DESICCANT An emulsion which when applied forms a transparent protective film over the 1 plant surface, permeable enough to permit transpiration. ("Wilt proof," rranufactured by Nursery Specialty Products, Inc., or approved equal). 1 1 3-5 1 a N. STAKING (OPTIONAL) Stakes for supporting trees shall be "V" or "t" black pointed iron fence posts 7' -0" in length. Wire for tree bracing and guying shall be pliable No. 14 gauge galvanized steel ' wire. Polyethylene 1 -1/2" wide straps shall be used for guying. Staking shall be at the Owner's option. O. SITE PREPARATION Excavation and Planting Bed Grading Excavation shall be scheduled so that it will be followed immediately by the placement of plant materials and topsoil. Excavation shall not begin until the ' schedule and starting time are mutually agreed upon between the Contractor and the Owner. Proposed plant locations identified by Contractor staking must be approved by the Landscape Architect /Engineer or Owner. r shall be responsible for the proper Contractor er off -site disposal of all p P P unsuitable excavated materials which disposal shall not be paid for separately. All grading and land forming defined by the drawings shall be incidental to all plantings. Select fill, or unsuitable topsoil, shall be used to form grades and slopes up to the bottom of the proposed topsoil Layer. The Contractor shall be required to restore, at his expense, any areas where settling, may occur, due to his improper filling or due to natural causes. Placement of the proposed 6" of topsoil shall be scheduled to follow plant excavation so that no excavated areas are left unfilled for more than 24 hours. r Where natural topsoil occurs in planting areas, this topsoil shall be separately removed and may be stockpiled, but shall be reused only upon approval of the Owner. All rocks, debris, rubbish and other unsuitable materials shall be separated from the existing topsoil of it is to be reused. Finished Grade The term "finished grade" shall be understood to be the required fine graded 6" of ' topsoil or planting mixture surface of all planting areas, and shall not include sod thickness or mulch thicknesses. zA 1 Plant Excavation Plant pits shall not be excavated, nor prepared, until they have been staked on the 1 ground and the locations approved by the Owner. All plant pits shall be excavated to the depth and size as shown on the Drawings. 1 Backfilling and Finished Grading Backfilling shall consist of placing the plant soil mixture identified in the 1 Landscape Materials Section, in plant excavations in accordance with the individual plant requirements, herein specified. 1 Finished grading shall be accomplished with topsoil and in accordance with the individual plant requirements herein specified. 1 P. TREE PLANTING Description This item shall consist of furnishing, transporting, and planting various species and 1 sizes of deciduous and coniferous trees at the locations and in accordance with the Drawings, General Requirements, Landscape Materials, and Site Preparation Sections of these Specifications, except as modified below, and as specified in this Tree Planting Section Materials All materials shall be in accordance with the Landscape Materials Section of 1 these Specifications. Construction Requirements 1 All plant roots and earthballs must be kept damp and thoroughly protected from 1 11 sun and drying winds at all times from the beginning until the final operations, during transportation, and on the ground until the final operation of planting. Plant Placement and Installation The bottom of the pit shall be prepared with a•four to six-inch layer of properly 1 compacted plant soil mixture modified with specified compost so that the tree, when set is level with surrounding surfaces as indicated on the Drawings and as described in the Specifications. 1 The plants shall be planted in the center of the holes and at the same depth as they previously grew. Planting soil shall be backfilled in layers of not more than 9" and each layer tamped before the next layer is put in place. Enough topsoil shall be used to bring the surfaces to finish grade when settled. 1 3 -7 1 at ropes or strings from top of ball after plant has been set. Leave burlap wrapping intact around balls. Turn under and bury portions of burlap exposed at top one -third of ball. 1 Plant Grade ' All trees shall be planted in the topsoil so that the top of tree ball is at, or one inch maximum below, finished grade. 1 A saucer shall be provided around each plant as shown on the drawings. Plant pits shall be saturated with water within 24 hours of planting. ' Mulching 1 Install shredded bark mulch around the base of all trees as per plans (refer to sheet 2). 1 Pruning Prune new plants only at time of planting and according to standard horticultural practice to preserve the natural character of the plant. Pruning and trimming shall include the following: remove all dead wood, suckers, and broken or badly 1 bruised branches. Use only clean, sharp tools. Watering All F lant materials shall be watered according to the guidelines established on the plan sheets. Watering shall occur through final acceptance of the planting. Rodent Protection 1 Rodent protection, as per plans, shall occur for all deciduous and non - spruce trees. Maintenance and Guarantee 1 The maintenance and guarantee shall be in accordance with the General Requirements Section of these Specifications. • ' O. SUBSTITUTIONS AND ALTERNATES The landscape contractor shall be bound to supply those materials which are identified in the plant schedule and illustrated on the landscape plan unless a substitution has been approved in advance. Should the landscape contractor wish to suggest a substitution of plant material (size or species) prior to submitting his /her bid, he /she must request approval of the Landscape Architect or Owner. 1 4 -R Approval will only be given if the contractor can show that the plant material P specified is not reasonably available. The Landscape Architect and jor Owner sha:1 determine what constitutes reasonable availability. Substitutions must detail any changes in installation costs. 1 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 3.9 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 153 AN ORDINANCE AMENDING CHAPTER 18 AND CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE SUBDIVISION AND ZONING ORDINANCE ' The City Council of the City of Chanhassen ordains: Section 1. Article XXV, Chapter 20, of the Chanhassen City Code is hereby amended in its entirety to read as follows: ' Article XXV landscaping and Tree Removal DIVISION 1. GENERALLY ' Section 20 -1176. Intent, scope and compliance. (a) The intent of this article is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between non - compatible land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health ' and safety through the reduction of noise pollution, air pollution, visual pollution and glare. (b) This article does not apply to single family detached ' residences in the A -1, A -2, RR and RSF zoning districts which are regulated by landscaping requirements contained in the Subdivision Ordinance. 1 (c) No new site development, building, structure or vehicular use area is allowed, unless landscaping is provided as required in this article. (d) No property lines shall be altered nor shall any building, structure or vehicular use area be expanded, unless the ' minimum landscaping required by the provisions of this article is provided for the entire property. (e) The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to: ' o truck loading areas; o trash storage; o parking lots, interior lot areas and perimeters; I D large unadorned building massing; o garage doors associated with auto oriented uses; and o vehicular stacking areas for drive through uses ' 1 (f) Buffering shall be provided between high intensity and low intensity uses and between a site and major streets and highways and in areas where buffering is required by the Comprehensive Plan. (g) The City shall encourage reforestation through boulevard II and streetscape planting. (h) Mature stands of trees shall be preserved. 1 (i) Reforestation shall be pursued as appropriate. Section 20 -1177. Plan Submission; Time of Completion; Financial II Guarantees. The property owner or developer shall prepare a landscape plan II drawn by a registered landscape architect or other professional acceptable to the city for review by the city. The city shall apply the following conditions in approval or disapproving the plan: I (1) The contents of the plan shall include the following: a. Plot plan, drawn to an easily readable scale, showing and labelling by name and dimensions, all existing and proposed property lines, easements, II buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, square footage), water outlets and landscape material (including botanical name and common name, installation size, on center planting dimensions where applicable, and quantities for all plants • used). , b. Typical elevations and /or cross sections as may be required. 111 c. Title block with the pertinent names and addressed (property owner, person drawing plan, and person installing landscape material), scale date, north II arrow (generally orient plan so that north is to top of plan), and zoning district. d. Existing landscape material shall be shown on the ' required plan and any material in satisfactory condition may be used to satisfy this article in whole or in part. 1 2 1 1 .1. (2) Where landscaping is required, no building permit shall be issued until the required landscaping plan has been submitted and approved, and no certificate of occupancy shall be issued until the landscaping is completed as certified by 11 an on -site inspection by the building inspector, unless a financial guarantee acceptable to the city has been submitted. ' (3) When screening, landscaping or other similar improvements to property are required by this ordinance, a letter of credit or cash escrow shall be supplied by the owner in an amount equal to at least one hundred ten (110) percent of the value ' of such screening, landscaping or other improvements. The security must be satisfactory to the city and shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal or other fees in connection with making or completing such improvements. The guarantee shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to one (1) full growing season after the date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. ' The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the ' developer. Extensions which may not exceed nine (9) months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. DIVISION 2. TREE PRESERVATION REGULATIONS. Section 20 -1178. Generally. (a) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. (b) No clearcutting of woodland areas shall be permitted except as approved in a subdivision, planned unit development or site plan application. (c) The following standards shall be used in evaluating subdivisions and site plans: 1 (1) To the extent practical, site design shall preserve significant woodland areas. 3 11 • 1 (2) Healthy shade trees of six (6) inches or more caliper at four (4) feet in height shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. (3) Replacement of trees approved for removal by the ' city may be required on a caliper inch per caliper inch basis. At minimum, however, replacement trees shall conform to the planting requirement identified in Division 3 of this article. (4) During the removal process, trees shall be removed so as to prevent blocking of public rights -of -way or interfering with overhead utility lines. (5) The removal of diseased and damaged trees is permissible only if they cannot be saved. 1 (6) Trees designated for preservation shall be protected by snow fence or other means acceptable to the city. Protective measures must be located at or beyond the ground footprint of the tree's crown. No fill material or construction activity shall occur within these areas. These measures must be in place and inspected prior to the start of grading activity. (7) Trees designated for preservation that are lost due to construction activity shall be replaced by new compatible trees approved by the city. The city will require the developer to replace these trees with the largest comparable trees that are commercially available for transportation. (8) At the city's discretion, conservation easements may be required to protect designated tree preservation areas. ' DIVISION 3. LANDSCAPING STANDARDS 1 Section 20 -1179. Landscape Budget. (a) Landscaping shall be provided that meets the minimum landscaping budget provided in the table below. 1 4 1� • PROJECT VALUE MINIMUM LANDSCAPE II VALUE (Including building construction, site preparation, and site improvements) 1 Below $1,000,000 • 2% 1 $1,000,001 - $2,000,000 $20,000 + 1% of Project Value in excess of 1 $1,000,000 $2,000,001 - $3,000,000 $30,1)00 + 0.75% 1 of Project Value in excess • of $2,000,000 II $3,000,001 - $4,000,000 $37,500 + 0.25% of Project Value in excess II of $3,000,000 Over $4,000,000 1% II At the city's discretion, the value of tree preservation may be utilized to offset landscaping requirements. I I Section 20 -1180. Screening for Visual Impacts. (a) Visual impacts must be screened or buffered as required I by the city. These shall include, but not be limited to, truck loading areas, trash storage, parking lots, interior lot areas and perimeters, outdoor storage areas, large unadorned building massing, garage doors associated with auto oriented uses and vehicular stacking areas for drive -thru uses. 1) Required screening or buffering for any visual impact may 1 be achieved with fences, walls, earth berms, hedges or other landscape materials. All walls and fences shall be architecturally harmonious with the principal 1 building. The use of wooden screen fences or chain link fences equipped with slats is prohibited. Earth berms shall not exceed a slope of 3:1 unless provided with 1 landscaping designed to minimize maintenance. The screen shall be designed to employ.e aterials which provide an effective visual barrier during all seasons. 1 • . 1 5 • 1 2) Al , 1 required screening or buffering shall be located on the lot occupied by the use, building, facility or II structure to be screened. No landscape screening shall be located on any public right -of -way or within eight (8) feet of the traveled portion of any street or highway. 3) Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section. Height of plantings required under this section shall be measured at the time of installation. (b) The following uses shall be screened or buffered in accordance with the requirements of this subdivision: 1) Principal buildings and structures and any building or structure accessory thereto located in any business, industrial or planned unit development district containing non - residential uses shall be buffered from lots used for any residential purpose. 2) Principal buildings and structures and any building or structure accessory thereto located in any R4, R8, R22, R16 District or planned unit development district containing residential development at densities exceeding 4 units per acre shall be buffered from lots located in any Al, A2, RR or RSF District. 3) Additional buffer yard requirements are established , by the City Comprehensive Plan and listed in individual district standards. 4) Outside storage in any district subject to these provisions and allowed by other provisions of this ordinance, shall be screened from all public views. ' Section 20-1181. Vehicular Areas. (a) Parking lot perimeters where vehicular areas, including 1 driveways and drive aisles, are not entirely screened visually by . an intervening building or structure from any abutting right -of- . way, there shall be provided landscaping designed to buffer direct views of cars and hard surface areas. The goal of this section is to break up expanses of hard surface areas, help to visually define boulevards and soften direct views of iSarking areas. (b) Interior Landscaping for Vehicular Use Areas: 1) Any open vehicular use are (excluding loading, 1 unloading, and storage areas in 10P and BG Districts) containing more than six thousand 6 1 1 (6,000) square feet of area, or twenty (20) or more vehicular parking spaces, shall provide interior landscaping in accordance with this division in addition to "perimeter" landscaping. Interior landscaping may be peninsular or island types. 2) For each one hundred (100) square feet, or fraction thereof, of vehicular use area, five (5) square feet of landscaped area shall be provided. 3) The minimum landscape area permitted shall be ' sixty -four (64) square feet, with a four foot minimum dimension to all trees from edge of pavement where vehicles overhang. 4) In order to encourage the required landscape areas to be properly dispersed, no required landscape area shall be larger than three hundred fifty (350) ' square feet in vehicular use areas under thirty thousand (30,000) square feet. In both cases, the least dimension of any required area shall be four - foot minimum dimension to all trees from edge of pavement where vehicles overhang. Landscape areas larger than above are permitted as long as the additional areas are in excess of the required minimum. 5) A minimum of one (1) tree shall be required for ' each two hundred fifty (250) square feet or fraction thereof, of required landscape area. Trees shall have a clear trunk of at least five (5) feet above the ground, and the remaining area shall be landscaped with shrubs, or ground cover (not to include rocks or gravel), not to exceed two (2) feet in height. 1 6) Parked vehicles may hang over the interior landscape area no more than two and one -half (2k) feet, as long as a concrete curb is provided to ensure no greater overhang or penetration of the landscaped area. 7) All landscaped areas shall be protected by concrete curbing. ' Section 20 -1182. Foundation and Aesthetic Plantings. (a) Landscaping plans shall provide for an appropriate mix of plantings around the exterior footprint of all buildings. The ' intent of this section is to improve the appearance of the structures and, where necessary, break up large unadorned building 7 1 1 1 elevations. These plantings are not intended to obscure views of the building or accessory signage. 1 (b) All undeveloped areas of the site, excluding protected wetlands and tree preservation areas, shall be seeded or sodded. 11 In addition, an appropriate mix of trees and other plant material shall be provided to create an aesthetically pleasing site. (c) Where undeveloped or open areas of a site are located ' adjacent to public right -of -way, the plan shall provide for over - story boulevard trees. A minimum of one (1) tree for every thirty (30) feet of frontage is required. The City may approve II alternatives if it meets the intent of the ordinance. Section 20 - 1183. Landscaping Materials. (a) The landscaping materials shall consist of the following: g (1) Walls and fences. Walls shall be constructed of natural stone, brick or other appropriate materials. Fences shall be constructed of wood. Chain link fencing will be permitted only if II covered with plant material or otherwise screened. (2) Earth berms. Earth berms shall be physical barriers which block or screen the view similar to II a hedge, fence, or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation 1 between areas requiring screening does not constitute an existing earth mound, and shall not be considered as fulfilling any screening requirement. (3) Plants. All plant materials shall be living plants; artificial plants are prohibited. Plant 1 materials shall meet the following requirements: a) Deciduous trees. Shall be species having an average mature crown spread of greater than fifteen (15) feet and having trunk(s) which can be maintained with over five (5) feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where an eight (8) foot clear wood requirement will control. Trees having ' an average mature spread of crown less than fifteen (15) feet may be substituted by grouping of the same so as to create the equivalent of a fifteen (15) toot crown spread. A minimum of ten (10) feet overall height or minimum caliper (trunk diameter, 8 1 11 measured six (6) inches above ground for trees up to four (4) inches caliper) of at least two and one -half (21/2) inches immediately after planting shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be placed closer than fifteen (15) to such public works, unless the tree root system is ' completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep and for which the ' constructicn requirements shall , be four (4) inches thick, reinforced concrete. b) Evergreen trees. Evergreen trees shall be a minimum of six (6) feet high with a minimum caliper of one and one -half (11/2) inches when planted. c) Shrubs and hedges. Deciduous shrubs shall be at least two (2) feet in average height when planted, and shall conform to the opacity and other requirements within four (4) years after planting. Evergreen shrubs shall be at least two (2) feet in average height and two (2) feet in diameter. d) Vines. Vines shall be at least twelve (12) 1 inches high at planting, and are generally used in conjunction with walls or fences. ' e) Grass or ground cover. Grass shall be planted In species normally grown as permanent lawns, and may be sodded, plugged, sprigged, or seeded; except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, nurse -grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover such as organic material shall be planted in such a manner as to present a finished appearance and seventy -five (75) percent of complete coverage after two (2) complete growing seasons, with a maximum of fifteen (15) inches on center. In certain cases, ground cover also may consist of rocks, ' pebbles, sand and similar approved materials. 1 9 1 f) Retaining walls exceeding five (5) feet g ( ) et in height, including stage walls which cumulatively exceed five (5) feet in height, ' must be constructed in accordance with plans prepared by a registered engineer or landscape architect of brick, concrete or natural stone. Artificial material may be approved if appropriate. DIVISION 4. MAINTENANCE AND INSTALLATION. 1 Section 20 -1184. Generally. The owner, tenant, and their respective agents shall be held jointly and severally responsible to maintain their property and landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced within three (3) months of notifications by the city. However, the time for compliance may be extended up to nine (9) months by the director of planning in order to allow for seasonal or weather conditions. • 1 Section 2. Section 18 -61 of the Chanhassen City Code is amended to read: Section 18 -61. Landscaping and Tree Preservation Requirements. (a) Required Landscaping /Residential Subdivision 1' 1) Each lot shall be provided with a minimum of one (1) tree to be placed in the front yard. The type of tree shall be subject to City approval. (the city will provide a list of species). Coniferous trees must be at least 6 feet high and deciduous trees must be at least 21/4 inches in diameter at the time of installation. This requirement may be waived by the city when the applicant can demonstrate that a suitable tree having a minimum diameter of 2k inches for deciduous and 6 foot height for evergreen and 4 feet above the ground is located in an appropriate location on the lot. The following trees may be used to met planting requirements. 1 10 1 1 1 Primary Saecimen Deciduous Trees Common Name 1 Acer saccharum 'Maple, Sugar or hard g Celtis occidentalis Hackberry 1 Quercus alba Oak, White Quercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur 1 Tllia americana Linden, American I Secondary Deciduous Trees Acer platanoides 'Cleveland' Maple, Cleveland Norway . I Acer platanoides 'Columnar' Maple, Columnar Acer platanoides Crimson King' Maple, Crimson King Acer platanoides 'Emerald Lustre' Maple, Emerald Lustre Norway I Acer platanoides 'Emerald Queen' Maple, Emerald Queen Norway Acer platanoides 'Jade Glen' Maple, Jade Glen Acer platanoides Schwedler' Maple, Schwedler Norway I Acer platanoides 'Superform' Maple, Superform Norway Acer platanoides Variegatum' Maple, variegated Norway Acer rubrum Maple, Red I Acer rubrum 'Northwood' Maple, Northwood Red Acer saccaharinum 'Silver Queen' Maple, Silver Queen Betula papryiter Birch, paper I Betula pendula icciminta Birch, Cut leaf weeping Fraxinus americana Ash, White Fraxinus pennsylvanica Ash, Marshall's Seedless I Ginkgo biloba Ginkgo Gleditsia tricanthos inermis Honeylocust, thornless Gleditsia tricanthos inermis 'Imperial' Honeylocust, Imperial I Gleditsia tricanthos inermis Skyline' Honeylocust, Skyline Gymnocladus dioica Coffeetree, Kentucky 1 Ornamental Acer inna!a Maple, Amur 1 Amelanchier Serviceberry or Juneberry Malus bacata columnaris Crabapple, Columnar Siberian I Malus (various species) Crabapple, flowering • Varieties: Dolgo, Flame, Radiant, Red, Silver, Red Spendor Prunus 'Newport' Plum, Newport I Prunus triloba Plum, flowering or.Rose Tree of China Prunus virginiana 'Schubert' Chokeberry, Schuberts Rhamnus frangula ' Columnaris' Buckthorn, Tallhedge 1 11 1 1 1 Syringa amurensis japonica ► Lilac, Japanese tree Tilia cordata Linden, Littleleaf 1 Tilia cordate ' Greenspire' Linden, Greenspire Tilia x euchlora 'Redmond' Linden, Redmond Conifers Abies balsamea Fir, Balsam 1 Abies concolor Fir, Concolor Picea abies Spruce, Norway ' Picea glauca Spruce, White Picea gauca densata Spruce, Black HII/s Picea pungens Spruce, Colorado Green Picea pungens glauca Spruce, Colorado Blue Pinus nigra Pine, Austrian Pinus ponderosa Pine, Ponderosa I Pinus resinosa Pine, Norway Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga Menziesii Fir, Douglas Thuja occidentalis Arborvitae Thuja occidentalis Techney Arborvitae 1 2) The tree must be installed prior to receiving a 1 certificate of occupancy or financial guarantees acceptable to the city must be provided to ensure II timely installation. 3) All areas disturbed by site grading and /or construction must be seeded or sodded immediately 1 upon completion of work to minimize erosion. When certificates of occupancy are requested prior to the satisfaction of this requirement, financial II guarantees acceptable to the city, must be provided. • 4) No dead trees or uprooted stumps shall remain after II development. On -site burial is not permitted. 5) Landscaped buffers around the exterior of the II subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined by the Comprehensive Plan and II where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees II 12 1 1 • and shrubs and /or tree preservation areas. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by 25% over zoning district standards. The landscape plan must be developed with the preliminary and final plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be required. b) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. c) No clearcutting of woodland areas shall be permitted except as approved in a subdivision, planned unit development or ' site plan application. d) The following standards shall be used in evaluating subdivisions and site plans: (1) To the extent practical, site design shall preserve significant woodland areas. (2) Healthy shade trees of six (6) inches or more caliper at four (4) feet in height shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. (3) Replacement of trees approved for removal by the ' city may be required on a caliper inch per caliper inch basis. At minimum, however, replacement trees shall conform to the planting requirement identified in Division 3 of this article. (4) During the removal process, trees shall be removed so as to prevent blocking of public rights -of -way or interfering with overhead utility lines. (5) The removal of diseased and damaged trees is permissible only if they cannot be saved. (6) Trees designated for preservation shall be protected by snow fence or other means acceptable to the city. Protective measures must be located at or beyond the ground footprint of the tree's crown. No fill material or construction activity ' shall occur within these areas. These measures must be in place and inspected prior to the start of grading activity. 13 1 • 1 (7) Trees designated for preservation that are lost due to construction activity shall be replaced by new compatible trees approved by the city. The city will require the developer to replace these trees with the largest comparable trees that are commercially available for transportation. (8) At the city's discretion, conservation easements may be required to protect designated tree preservation areas. 1 e) Financial guarantees acceptable to the city shall be required to ensure satisfactory installation of landscaping requirements. ,Section 3. Section 20 -117 and Section 20 -119 of the Chanhassen City Code are hereby repealed. ' ,Section 4. This ordinance shall be effective immediately upon its passage and publication. ' ADOPTED by the City Council of the City of Chanhassen this tj day of November , 1991. i ATTEST: l ■ ft I/ Don Ashworth, City Manager Donald J. C . Mayor (Published in the Chanhassen Villager on lkovember 14 1991.) • 1 1 1 1 1 14 1 • 1 1 1 A Community Forestry Program with an annual budget of at least $2.00 per capita 1 Administration Planning Department I Planning Director $ 1,250.00 Senior Planner 1,500.00 Planner II 875.00 I Park and Recreation Department Park and Recreation Coordinator 1,000.00 I Engineering Department Senior Engineer Technician 400.00 Engineer Technician 400.00 I Maintenance and Installation Park Foreman 2,000.00 Park Equipment Operation 1,750.00 I Park Keeper /Equipment Operator/ 1,500.00 Mechanic Street Superintendent 1,250.00 I Heavy Equipment Operator /Leadman 875.00 (2) Laborers @ $750.00 1,500.00 Administrative and maintenance expenses are calculated as a II percentage of salary based on actual hours expended in working with trees and tree - related issues. I Purchase *Lake Susan Park $ 4,925.00 *South Lotus Lake Park 5,016.00 I *West 76th Street 5,395.00 Tree Farm 400.00 Sunset Ridge Park 3,400.00 Prairie Knoll Park 7,200.00 I Tree Moving Tree Spade 1,200.00 il Tree Give - A - WaY Arbor Day, 2500 seedlings 400.00 1 Consultant Services 3,750.00 • TOTAL $ 47,486.00 II 1 II I CHANHASSEN LIBRARY L . • ,: ,.. tl t, 1 INFORMATION Library Hours (Effective Srtpir::r:b�r B, 1992): a F: � . ' ' Mondays and Wednesday 1 0:00 a.m. - 5:00 p.m. i - Tuesdays and Thursdays 12:00 p.m. - 8:00 p.m. t _ Fridays and Saturdays 10:00 a.m. - 3:00 p.m. •i( y I Closed Monday, September 7, in observance of .,..f. - Labor Day P"" Preschool Storytime: Storytime for preschool children begins Wednesday, September 16, at 10:15 a.m. and at 11:00 a.m. TREE PRESERVATION These 30-minute programs of stories and surprises BOARD will be held through December 9. After a holiday I break, Storytime will resume in January, 1993, and be offered through the month of April. Are you concerned over the number of trees which die in our city y due to construction damage? Are you a' Library Services: firm believer in the value of planting trees? If so, the A fax machine is now available at the library for public city needs you to serve on the newly forming Tree use. Other equipment for in- library use includes a Preservation Board. Composition of the board will ' copy machine, electric typewriter, and computer. include member(s) of the City Council, Park and Recreation Commission, Planning Commission and Friends of the Chanhassen Library: members at large. If you have a general interest in Residents interested in the growth and development trees, possess a related educational background, ere of the library through the promotion of its resources, involved in the propagation or sale of trees, or are a services and programs are needed to join the developer, please consider becoming involved by Friends group For information please call the library joining this board. at 934 -8689. The board will officially be named by its inaugural A members, with meetings most likely being held on a monthly or as needed basis. If you have questions in this regard, or are interested in becoming a member, please contact Todd Hoffman, Chanhassen Park and I •/ Recreation Department, 937 -190Q or Jo Ann Olsen, Chanhassen Planning Department, 937 -1900. PROGRAM CODE NUMBERS if the program you are registering for has a I code number next to it (Le. YJUN9210), please write that in the appropriate spot on the registration form. To better our program/ computer registration procedure, a code number has been assigned to each program. 1 '17 1 1 Thursday, April 16, 1992 — Chanhassen Villager — Page 5 City briefs l ememp t e e rs of DART >, Ab� nse Team County seeks new coroner City inventors )mpromised of numerous inventories � ate agencies in S cott & ate county officially began its !letter of interest, to give local dos • s. Law enforcement search for a new coroner Tuesday, tors the first opportunity. wetlands workers, educators, when county commissioner: voted Two professional coroner Beginning App 20, the city will Becky ICelso and Terry to send a letter to all doctors based poups have expressed interest in be performing an inventory of all IF victims, among others, is the county asking if they have as milking bids on a contract for ooro- wnZt within the city. The inven- together to seriously interest in performung the duties of ser's duties. One is based in Da- R requires on-site visits on private problem of domestic a medical examiner. kota/Scott/Chisago counties, the property, and will be performed by The coroner investigates ormay other is in Hennepin County. sty staff and wetland consultants Ill issues that have been investigate any sudden death where Professional coroner poops, under contract to the city. The per - the response of law the cause is unknown. Typically, according to Carver County official sons conducting the survey will carry t; the response of the ju- this includes auto accident fatali- Gregg Davies, employ one or more dty identification and a letter of intro- response of the legisla- ties and deaths of sudden and un- medical examiners with MD's and duction. If you have any questions, tie Joint efforts of the pub - knOwn though natural causes, u then a number of deputy Coroners, 'Please Kate Aanenson at 937 - senors. Regular meet- well as homicides and suicides. who have training and d 0 ongoing discussion of Current Carver County Coro- in pathology and evidence, but are s; and when the occasional ner Dr. George Crislip has decided not doctors. serious domestic to close his practice in Waoonia 'The problem, s>: always, it ees offered r e e team schedules a and move to Colorado. He will coverage (insurance). There's a big to jo in resources to resign as of July 1, according to a potential for professional liability tee of charge yn be done, as well as re- county memo. here," said Davies. t could have been done. The memo alsorefers to astate- According to Commissioner Ice ,500 seedlings the Arbor Day lings will be given ve n c tion orrect - much more needs went from Crislip that be doesn't Tracy Swanson, no matter wha away 2,500 seed em April 24. The seedlings can address this very serious know of any doctors interested in option they finally arrive at, it ' be picked up between 11:30 a.m. to 6 4owever, l think the City of taking over his duties. nest the county more money, be p.m at the Colonial Center Shopping I L can once again be proud Despite their agreement with cause Crislip has offered good sere- Center in front of Kenny's Market. cognized the problem, the doctor's assessment, the county ion at relatively inexpensive rates. n steps to become ac- commissioners voted to send out a 3lved with seeking a solu- , _ It o the Villager for address- that should be making us - Scott Harr I Public Safety Director 1 TE - LOTS -HOMES WE NEED OUTSTANDING SALESPEOPLE WHO WANT TO START Cft.r asses villager, 93 AT THE TOP • FREE START UP AND ONGOING TRAINING 1 (BEST IN THE INDUSTRY!) . MOVING AUCTION • MANAGEMENT DEDICATED TO YOUR SUCCESS April _ kattpp P.M. S.W., Shakopee • INDEPENDENT LOCALLY OWNED COMPANY lawful ion; man °cues+ set broil; table 1 doses; lawyers 4 F aretlelers hi t nuflanse barred plan ^ ' • NETWORK WITH 1800 SUPPORTIVE ,yea rugs, ,ft i tta°n'° '° 0a1Cheers; BURNET ASSOCIATES IS t enallog prints *doling Ws. 2118, Hwron, MoXYer, . r '-,wamer(0411. • BUILD YOUR CAREER WITH MINNESOTAS w i pexe• s, t ewes MOST PRESTIGIOUS AND INNOVATIVE " mule; Sawn REAL ESTATE COMPANY . rte ; Spewing Osaka', awl It nr (rat old ads I P V, Panax e5mn Wren .Imorn ire; mks' CALL TAI' AV• RAN ye ki tll tet:o AAQ_estr CITYOFe€ 110,,, CHANHASSEN 1 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I MEMORANDUM TO: Chanhassen City Staff ' • FROM: Dawn Lemme, Program Specialist 1 DATE: May 26, 1992 SUBJ: Arbor Month—Tree Planting Ceremony emony f�., D. 1 A tree planting ceremony celebrating Arbor Month has been scheduled for Thursday, May 28 at 6:45 p.m., north of the warming house at City Center Park. This brief ceremony will 1 precede CAA games, and will consist of planting two trees donated from Lotus Lawn and Garden through the tree planting project this spring. City staff, Council members, Commission and Board members, civic groups, CAA 1 participants, and the general public are all invited to attend. 1 1 1 1 1 1 1 1 % e a PRINTED ON RECYCLED PAPER 1 1 - CITY OF litior 1 CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM 1 TO: Park and Recreation Commission FROM: Todd Hoffman, Park and Recreation Coordinator DATE: May 15, 1992 I SUBJ: Arbor Day Celebration 1 A tree planting ceremony celebrating Arbor Month has been scheduled for Thursday, May 28, 1992, at 6:45 p.m. at City Center Park, preceding CAA activities. A press release in this regard will be distributed Tuesday, May 19, 1992. All participants of that evening's Athletic I Association events, citizens, civic groups, Council members, and members of all boards and commissions will be invited to join in this brief ceremony. Dawn Lemme, Program Specialist and I are coordinating this event. 1 1 1 1 1 1 1 1 1 .s %IP PAINTED ON RECYCLED PAPER 1 • A • • 1 • I it .,,/ // . T hursday, May 14,11192 — Chanhasuri Vlllage — Page S { News briefs tanking the necessary pat two years u its president. She .. has been a teacher, a parent, and a ay and Marjory Adams school board member. Sbe has taken Tree preservation Music, stories I t°ftted to continuing to the thin to understand communit board forms featured May 21 job as your :me- •values, and to help implement pro - and they de- ems that benefit children. A pouf of individuals with a A �t of music, stories, and, ti Now that ch school District Common Merest of preserving tugs:, tact k it WAS sponsored by Project 1 Chanhas a z 112 is in a period of unprecedented , promoting the benefit of trees, and Sow. The event will be held on "'burs- growth, we seed owe than ever, • ratoresvbon is being formed in Clan- "ilk* 21, a 'AY= HO ScbDol, I people on our school board who are basseaThe oompositioe of tailboard 6 .30.6 P. m. • Adams capable of understanding tbe history •rill include member(s) of the City Cheryl Sawyer, a storyteller with I. Circle this date on your of our community and using it to Council, Park and Recreation Con - . Vi c, h as a unique approach to sto- C sure l vote a School accomplish Roes for the future. Mar - mission and Planning Commission. Melling which is enhanced with rib- be as. This is your oppor- )0* r' Adams u such a person, and her Fever, to be effective, members- comedy. She combines fa- I M e voice in Your chit- election will help to inure that the at -large who have an interest in tree es with balloon scut tBom. Dont leave this e teachers will of so many wring parents and related issues are needed l 'f you have a an illusion. Music will be teachill provide students with a club! interest m trees, possess elision to others. by the pouf 'There is A the tools to reach full potential. !snag which of those related educational backpound, are WI s My Nears ". The poop is a iliac In these critical times, we need to involved in the pagation or sate of Community Education qualified for the tY program for ; b at the record. If expee look at the issues, the bng.ranse needs !sees, or a dev open, please consider athtbs with disabilities which bas been of learners, tie ins need to use becoming involved by joining this meeting this winter and s aliment and dedication g piing on a ves are qualities creativity when funding is ascertain. board. weekly basic, ; for, vote for Marjory Ckrtunly, we should look hard at the board bell/Med. e nasied The cost is t1 and is open to the II =aclt record includes ry candidates; what they have sca m. by its inaugural members, with mat- "oldie. Those planning to attend are dicer experience in the pushed as well u what they to most y held m a monthly asked to call project soar at 474 -7183 nice ee pone She is accomplish. . or as nettled basis. If you have ques- with a reservation and the number , d of C ka APT, past Vote for Marjory Adams on May dons in ale regard, or are interested in attending. the League 19, but most Di all, vote! becoming a member, please all Rich- Project Soar, tbe adults with dis- the Le g ar be has a of Women n Richard and Barbara Chadwick and Wing, Council Member, 474- . abilities propels, serves the School the School S the Chanhassen 5396; JoAna Olsen, Chanhassen Plan- Districts of Hopkins, Minnetonka, St.' . -- Ho Chanhassen Park Todd Louis Park and Wayzata. • uta . • Dept., 937 -1900. . . _ • • • . 1 4L ESTATE - LoTs I - OM ES . �- rte" i i 'S N ., , . _ _ - J ��� _ _ _ , • 1. Mire Your Ad Hers • Call Psts at the Chanhassen Villager, !344000. • • .1 . . . 1. • . :; ...... .. DING = ... "If We Don't Sell Your House We'll Buy It!" • � _ . ART - � ..,�.. . _ �....... .� t �� - ' IMMEDIATE � ,'- - jL POSSESSION 1 • D NIW • MAO :. a AVAILABLE • • NEW )': atss TRAINING air 2 BR rowrrroa+a wteanadml whim. MN Renntbre. Taira waae,tt. 1 Pk amaaur Oast bAil. ew err *Way Our new borne. saw oak woodwork swamis sin. Irgt /leasers. Desk aeneat at, new arm *Mee OW a. beereerh ~ease prapa. uoorsead III clock. 2 or gaups, tow wirer woes meow tattenart Mosmod Mrs PAM a of woe a* ims Open mow isle tom bt MAO. 0. Mob woe Chow. tram aoaibia, ne K coney. air ' an ease. Mama bas• KEN MASON • «wan 4111146111. OM Vert 01110111 • ?oN aMMO MV! VM OttoaN Mucus )UR SUCCESS - a - LOCATION, BRAND NEW • $69,900 I 3 COMPANY . 1 AP ATIAAI 1.81 towrreuee wneaMdwew wafts. manse N WW Thursday , me 4, 1992 — Chanhassen Villager - itrict 43 - T to seat x I--______= 1 David TestE D.D.S. legislator. "Serving the In taking that stance, Oliver also IFw es out a position that is somewhat- + Chanhassen Area ilt for his opponent, McKigney. _ ' Over 20 Yea ►' McKigney is seeking his rs first elected post, his professional ' ; ; Family Dentistr has been that o apolitical -fit '` >} F cti 4 -7990 ve in the p tax re P ' i -- ' - _ ' �� 'movement, Oliver has served as a , •.. _ � .._ , � of the Minnesota Fair Share, - . v~ '�� 4 ~ 'Chanhassen Professic c., a property tax reform organiza. 0„. .. • , Building . 79th He also said he frequently testi- . ` ` - ....11111% - 1 500 W. 79th St. yes on residential property tax mat- "� li Chanhassen, MN F before the state House and Senate �` Committees. . A businessman, Oliver is the re- it tired president and CEO of NWNL - + • - k _ ement Corporation. He is also _ s Arbitrator for the National Asso- - 3 itioo o f Securities Dealers, Inc. ' t ' "- - "A businessman's point of view is r I ch needed in our legislature," be e • Service as precinct chairman, city chairman, aced Lake Minnetonka area ` '*ys to Spiritus rata are among Oliver's Repub- , t ' - Y " bonafides. He also has served j`'/ Sunda ,tine 7 the party's State Central Commit- , _ Worship Y J .ee and been a delegate at city, county - -_ ` p Service 10:00 state conventions. 0 ��� - Children's Program, Ages S .r ; t • i d t' I Public Tours Available " Temple of E 1992 a g,e n d a w - !P owe r s Blvd. Chanhassen mot - • - - : , +. - \-. A i ' 474.7949 *commends that the Metropolitan appoint all commissioners Plant it here c hairs of agencies and commis CHANHASSEN PARK AND Recreation Coordinator Zbdd Hoffman, � =- Laos that it oversees. along with several dozen children and d wj Is its preliminary report, the task h' staff, planted two trees at CCiittyy lie also recommended that ask Center Park last Thursday in celebradon ofNationalArborMonth. (sue ECKANKAR photo by Dean Trippler) sego„ at the Lagle and Saved of MET COUNCIL to page 7 lb C continued from front • ,rter's phone call. bensive loan work-out and bankruptcy which IDC later than its other Ilk's also admonished sev- experience," the court wrote in au- entities andis a viable iubaidi- al of the lawyers in the case, not thorizing the management change. ary, would receive the higher figure ng Sanford, noting that relit- Kressel's order said Mericsl's tasks of 2 cents. among the legal professionals are to include: providing general 'What we all want to see is IBC to deteriorated." management assistance; reviewing come out of bankruptcy," Sanford ■ - °Idon't know what happened or if and assessing IBC's management said. • • In 'bused to that, but 1 expect not direction, pl cash -Sow and , � t in pleadings or in this court• debt-restructuring needs; Levi \ Q again, and if you want to be mad and approving all financial and open- For T 11Bitn r al manger of \ , � t e ea other, be mad at each other, sting policies; and m f g po providing other ('fvwtaa.� 't stand up and on the record such management functions as IBC J l of point fingers at each other's may require in furtherance of #s rinsed the IBC managem sills but p7l -I 1�1C • • .Ma said the cusp w9l not aher the i�'a r v '1 vibe you could talk to Chapter 11 action. or � �, i3oata �,(en��S�r! cb for a change, actually talk The 47-year-old Merkel speoial. (,i of making speeches, and fig- izes in providing turn - around sere- t . 0 p. _ CITY OF 0 111'. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM TO: Chanhassen Tree Board FROM: Todd Hoffman, Park and Recreation Coordinator 71 DATE: April 22, 1992 SUBJ: Statement of Purpose To effectively operate, the Tree Board should adopt a Statement of Purpose or Mission Statement. This statement may be as broad or defined as the .Board wishes, and acts as a focusing point for all activities of the Board. As pointed out in the Tree City USA 1 brochure, "In a typical city, at least half of the trees are on public property- -along streets, in parks and around public buildings. Someone needs to be legally responsible for those trees." During this discussion would be the appropriate time to consider a name change for the Board as discussed at a previous meeting. 1 1 1 1 • 1 1 1 1 t4P PRINTED ON RECYCLED PAPER 1 1 CITY OF I I = 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .0!".4 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM zy 1 TO: Chanhassen Tree Board ,(y FROM: Todd Hoffman, Park and Recreation Coordinator A 1 DATE: April 22, 1992 1 SUBJ: Organizational Structure and Meeting Schedule 1 To effectively address issues of concern to the Tree Board, I would suggest a simple organizational structure be adopted. The Commission is familiar with a chair /vice -chair format, and this structure could be used for the Tree Board as well. I believe it is the wish 1 of the Commission to schedule Tree Board meetings after a regularly scheduled Park and Recreation Commission meeting. Similar to the upcoming Park and Recreation Commission I agenda, subsequent Tree Board agendas will be published in conjunction with the Commission agendas. The Board shall determine the frequency of these meetings - -I would suggest quarterly. 1 1 1 1 1 1 1 • I es %a PRINTED ON RECYCLED PAPER 1 C I TYOF 1 o f , ,441,,, CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 vb 1 MEMORANDUM TO: Chanhassen Tree Board 1 FROM: Todd Hoffman, Park and Recreation Coordinator i DATE: April 22, 1992 SUBJ: 1992 Arbor Day Celebration 1 One of the responsibilities of the Chanhassen Tree Board is to hold an Arbor Month I celebration. The establishment of an annual tree planting ceremony is not only a good idea, it is also a requirement of our impending Tree City USA status. Arbor Day is Friday, April I 24, 1992, and Arbor Month is dedicated as the month of May. The attached resolution declaring such was adopted by the Chanhassen City Council on April 13, 1992. In observance of Arbor Month, tree seedlings will be given away at the Colonial Shopping I Center in front of Kenny's Market. The trees (2,500) are purchased through the Minnesota DNR by Mr. Tim Erhart, President of Emerson EMC, and donated to the city for this event. The Park and Recreation Department coordinates the distribution of the trees. The I mortality rate of these small trees is high, with only a small percentage of them reaching maturity. However, the program allows people an opportunity to observe Arbor Day, I developing "young tree planters" who will continue the tradition of observing Arbor Day. A formal observance of Arbor Month could effectively be programmed as a prelude to a I night of CAA activities at City Center Park. The first steps in coordinating this event have been initiated. Staff would like to gather ideas from Board members for making this inaugural ceremony a fun event. I suggest the Board establish a date for the event at their I upcoming meeting for some time after mid•May. Athletic Association sports are held Monday through Thursdays, starting May 1. One of the complimentary trees we are receiving from Lotus Lawn and Garden as a part of • the tree sale can be used in this I observance. Attachments 1 1. Resolution 92-45, A Resolution Declaring May as Arbor Month for 1992. 2. Information from the Arbor Month Partnership 1 .s 1 L «t PRINTED ON RECYCLED PAPER II City of Chanhassen Carver and Hennepin Counties, Minnesota DATE: April 13. 1992 RESOLUTION NO: 92 -45 ' MOTION BY: Chmiel SECONDED BY: Workman A RESOLUTION DECLARING NAY R8 ARBOR NsORTE FOR 1!$2 1 WHEREAS, Minnesota's forest treasurers were a significant attraction to early settlers because of their usefulness and the ' beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Minnesota ' today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, human activities such as construction damage and ' pollution, as well as drought, disease, and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and ' WHEREAS, the next decade will be one emphasizing the environment and people will be able to positively impact world problems like "global warming" by locally planting trees and ' ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, the message of Earth Day whose twentieth anniversary was in 1990 is still strong, teaching children and adults alike that trees are related to all components of the environment - air, water, soil, and wildlife; and 1 WHEREAS, each year on the last Friday in April, ARBOR DAY, the people of Minnesota pay special attention to the wonderful treasure that our trees represent and dedicate themselves to the continued health of our state's urban and rural forests; • NOW, THEREFORE, I, Donald J. Chmiel, Mayor of the City of Chanhassen, do hereby proclaim April 24, 1992 to be Arbor Day and the month of May, 1992 to be Arbor Month in Chanhassen, Minnesota, and I urge all citizens to become more 'aware of the importance of ' trees to their well- being, to participate in tree planting programs that will ensure a green Minnesota in decades to come, and to plant, nurture, protect, and wisely use Minnesota's great treasure of trees. Passed and adopted by the Chanhassen City Council this 13th day of April, 1992. 11 11 1 ATTEST: 1 Don Ashworth, City Clerk /Manager Donald J. Chmiel, Mayor 1 na 1 Chmiel None Dialer Mason III Wing Workman 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF O f1:114 CHANHASSEN 1 - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM 1 TO: Chanhassen Tree Board FROM: Todd Hoffman, Park and Recreation Coordinator 7/ DATE: April 22, 1992 1 SUBJ: City Tree Sale Update 1 Recent activity on the tree sale has been uneventful as the wet weather has not allowed any trees to be dug. Tree orders have surpassed 30 in number, and residents who ordered trees ' are being contacted to inform them of the delay. The tree sale ad which appeared in two earlier editions of the Villager will run again at a reduced size in the April 30, 1992 Villager. This is being done in the hopes that we find ourselves amidst favorable planting ' conditions in early May, leading to additional interest in the program. Orders to date including trees, tax, and delivery have generated $3,194.78 in revenue. The city retains $5.00 per tree to cover delivery and administrative costs. 1 1 1 1 1 1 1 NIOP PRINTED ON RECYCLED PAPER 1 Ni . �� 3Z8 1 r CITY OF 1 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 1 July 15, 1992 1 • 1 Mr. Jonathan Stiegler Department of Natural Resources 1 Forestry Division 500 Lafayette Road St. Paul, MN 55155 -4041 1 Dear Mr. Stiegler: This letter is to inform you that Lance Anderson has completed inventory city. leted the tree invento for th ci . , The grant which the city received from the Department of Natural Resourses (S2, 00) was to paid to the city in two increments, half up front and the other half after the co lion of the ' project. Lance Anderson had completed the raw data inventory on June 30, 199. This data has been given to Alan Olson at the DNR. We expect to have a report from Alan Olson in the I near future. Because this project has been completed, this letter shall constitute your invoice of $1,250.00 for the balance of the grant. If you need any further information about this project or the invoice, please feel free to contact 1 me. • Sincerely, 1 Kota. 1 Kathryn R. Aanenson Senior Planner 1 Enclosure 1 A i TB, PRINTED ON RECYCLED PAPER 1 • 1 . . CIT'i O • 1 CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937.1900 • FAX (612) 937.5739 1 . MEMORANDUM 1 TO: Roger Knutson, City Attorney FROM: Jo Ann Olsen, Senior Planner 1 • DATE: February 4, 1992 SUBJ: Forest Cover Inventory Project The city will be contracting services from Lance Anderson to 1 perform the second phase of our forest Cover Inventory Project. Mr. Anderson will be starting the inventory on March 9, 1992, and will complete the inventory by June 5, 1992. The city will be II paying Mr. Anderson an amount not to exceed $2,500 (504 of the fees will be received from the Department of Natural Resources). The following is a list of what the second phase will involve: 1. Physically walk all forested sites and perform an inventory of the following: 1 • species • size class (diameter and height) DBW at an accuracy of I 1/10. Height measured to the nearest foot. Determine age of cover types using increment borer. Bore two trees per cover type. • density (trees /acre) II • condition of the trees _ • insects /disease _. _ r - • historical significance II . • type of ground (wet /dry) • round cover 2. Develop a plan with a description.of each stand of trees. 3. Develop a written narrative on each stand with recommendations. 1 4. The plan and written narrative will correlate with themap provided by the DNR illustrating forest cover types. 1 1 T.4,7 PRINTED ON RECrVLEC MPERt 1 • Roger Knutson 11 g February 4, 1992 Page 2 1 5. The final document provided by phase II will be used in creating an ordinance for reforestation and preservation of 1 existing stands of forest cover. We would like you to draft a contract between the city and Mr. Anderson for his services. Please call as if you have any questions. • Lance Anderson 13625 74th Place North Maple Grove, MN 55369 420 -5138 1 1 1 1 1 1 1 1 1 1 1 1 1 August 27, 1992 Eric Podevels nn a" 200 South Shore Court b' grijj Chanhassen,MN 55317 Mr. mayor City Of Chanhassen ' Dear Sir: Thankyou for your support and corporation Throughout the staff on the Compost Demonstration Site, Eagle Scout project. My Eagle Scout credentials were certified on August 25, 1992 thanks to the help throghc.ut the City of Chanhassen's extraordinary Staff. The staff of helpers,from the Compost Demonstration Site, are invited to my Eagle Scout ceromony, to be announced ' at a later date. Thankyou once again for your tremendous help and support on the project. Sincerely, 2./ A-, _, ' Eric H.I- odevels Eagle Scout 1 1 1 c '- 1 1 1 EAGLE REPORT 1 1 Eagle Project: 1 Compost Demonstration Site 1 One-Page Summary 1 b 1 Eric Podevels August 25, 1992 1 1 PA "' r } > I S :_4 . 4 . 1 4 s y . • 1 ti w i .- 1 • • i is • : i •_r3` 1 1 - ;;�" i_ T;6s -. 1 i • 1 • 1 1 1 1 i COMPOST DEMONSTRATION SITE I planned, developed, and gave leadership to others in a Composting Demonstration Site for my Eagle 1 Scout award. It includes composting bins, lawn mulching demonstration and information on composting. The perimeter is timber bordered with woodchips inside. Flowers, bushes and trees are planted all around 1 the site giving a pleasant and beautiful look to composting. The lawn area demonstrates the unnecessary bagging of grass and leaves. The Compost Demonstration Site is located in a central spot in Chanhassen to educate the citizens on ' backyard composting as well as by the Chanhassen Elementary School, which also benefits. In approving my project, I made a presentation before the Chanhassen City Council for approval and the location of my project. I worked with Jo Ann Olsen, city planner, and Charlie Eiler, park maintenance, for their suggestions on the project. After approval, I started on April 4, 1992, and finished on May 18, 1 1992. I gave leadership to 30 scouts, parents, and neighbors all willing to put effort into my project. It took my 1 helpers 110 to complete the project. Fifteen hours of my time was spent planning the project and 25 hours to carry out my project (150 hours total). All the tools needed to complete my project were lent by neighbors and parents. The plants and trees were given by Lotus Lawn and Garden, a local landscape company. Most of the supplies were paid for by the City of Chanhassen. I wish to dedicate my work to educating the community about composting and the environment so we ' can live healthy and clean. I put my best effort forth and showed all my strengths in giving leadership to my fellow scouts and friends and remembered there is no boundary in which an Eagle Scout can go. 1 1 1 1 1 c. c, Iki, -- ,_ CITYOF i t ,, 01 CHANHASSEN 6 90 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317 I (612) 937 -1900 • FAX (612) 937 -5739 1 1 August 31, 1992 1 Mr. Don Halla 1 10000 Great Plains Boulevard Chaska, MN 55318 1 Dear Mr. Halla: On Monday, August 23, 1992, the Chanhassen City Council reviewed your request to place fill I material within the ravine on your property. After your visitor presentation on August 10, 1992, the City Council requested background material to be presented at the next City Council meeting. 1 After review of the report presented by staff and hearing from Paul Neumann, Soil and Water Conservation Service, the City Council unanimously recommended denial for an administrative 1 approval to place 1,000 cubic yards of material in the ravine. The City Council stated that you should be required to go back through the Interim Use Permit process, with a public hearing in I front of the Planning Commission, before any more fill within the ravine is permitted. The City Council also directed the City Attorney to investigate any state laws requiring the proper maintenance of the dam. The City Council is concerned that the dam was improperly designed and incorrect fill material has been used which is accentuating the problem rather than correcting the erosion taking place within the ravine. Should you wish to continue with the process, please contact me to begin the Interim Use Permit 1 application process. You should be made aware that the same submittal and supporting data is required as with your previous IUP application, and that the city will continue to visit the site I to prevent fill from being illegally placed in the ravine. 1 1 1 eir t 41, PRINTED ON RECYCLED PAPER 1 1 Mr. Don Halla August 31, 1992 Page 2 The City is willing to work with you on this project, as it is in the best interest of everyone that the problem be resolved. The city's goal in making you go through the proper procedure, as with any other applicant, is to ensure that the work is done correctly so that the problem is resolved. Should you have any questions, please feel free to contact me at 937 -1900. Sincerely, 1 Jo Ann Olsen Senior Planner 1 pc: Paul Krauss, Planning Director Dave Hempel, Sr. Engineering Technician ' Roger Knutson, City Attorney Scott Harr, Public Safety Director Planning Commission 1 City Council 1 1 1 1 1 , 1 1 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, PA • Attorneys at Law / Thomas J. Camrhell (612) 452 -5000 Roger N. Knutson Fax (612) 452-5550 Thomas M. Scott I Gar G Fuchs Janes R. Walston August 19, 1992 Elliott B. Knetsch Michael A. Brohack Renae D Steiner Robert R. Barth CO O Attorney at Law 3500 IDS Center Minneapolis, MN 55402 Re: Sunlink Corporation and Dataserv, Inc. vs. City of Chanhassen Dear Mr. Barth: I would like to reschedule the depositions of Jim Paulette and II Don Ashworth. When we discussed these depositions at the pretrial, you indicated there were certain City files you wanted a chance to inspect prior to Mr. Ashworth's deposition. At that time, you indicated you would send me a letter specifying the files you want to see. Please send me that letter, and I will make arrangements with City staff for you to review those files. Secondly, at the pretrial we discussed a settlement proposal I II made on behalf of the City. In essence, the proposal is as follows: The City would pay your client $75,000.00 per acre for the 3.3 acres of right -of -way taken for the extension of Lake Drive East. That amount ($247,500.00) would be 1 added to the assessment against the subject property. Datasery and Sunlink would withdraw their objection to the assessment. Datasery and Sunlink would join the City in a lawsuit against MnDOT seeking to recoup the $247,500.00. Please let me know if your clients are in a position to , respond to the City's offer. Very truly yours, ' CAMPBELL, KNUTSON, SCOTT & FUCH P.A. By / Elliott B. 4 -ch EBK:mlw cc: Don Ashworth RECEIVED AUG 21 191 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55111. OF CHANH1r 41 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. ,✓ 1 Artornc \, at Lav, Ti' r.rr' ' lh!2' -1�_ -5;,. AI 1- l.11nl - E11, }; K,._ August 28, 1992 � 11,1,,I 1 A F:, Fni 1' �rn'�! 1 Mr. Don Ashworth City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 Re: General Dear Don: ' Pursuant to your request relayed to me through Roger Knutson, I have researched the following issues and have reached the following conclusions: 1. May a member of the Housing and Redevelopment Authority also hold a seat in the State Legislature. I No. Article 4, Section 5 of the Minnesota Constitution prohibits any State Senator or Representative from holding ' any other office under the authority of the United States or the State of Minnesota. "Office" has been defined by the Minnesota State Courts to mean a "disqualifying public office." The test used is as follows: Whether a person holds a disqualifying office is determined by whether that person has independent authority under law, either alone or with others of equal authority, to determine public policy or to make a final decision not subject to the supervisory approval or disapproval of another. McCutcheon v. City of St. Paul, 216 N.W.2d 137, 139 (Minn. ' 1974). • It is my understanding that members of the Housing and Redevelopment Authority have independent authority to determine funding for a variety of projects, and their RECEIVED authority is not subject to review by any supervisory panel. Therefore, a member of the Housing and I AUG 3 Redevelopment Authority cannot also be a member of the State Legislature. If the member of the Housing and Sc 1 ui- X17 • Ea_anndale Oftice Center • 13S0 Corporate Center Curve • Ea'L'an, 5512] 1 Mr. Don Ashworth August 28, 1992 Page 2 Redevelopment Authority wins a legislative seat, he must resign from his position on the HRA. 2. Can Chanhassen withdraw from the mosquito control district? No. 1 Only a county may terminate its participation in the district. See Minn. Stat. Ann. §473.712. Carver County is a member of the mosquito control district except for that part of Carver County west of the west line of Township 116 North, Range 24 West, Township 115 North, Range 24 West and Township 114 North, Range 24 West. The only way Chanhassen can remove itself from the mosquito control district is to convince the county that it should terminate its participation in the district. 1 3. Dam /obstruction of drainage system. You had indicated to Roger that a landowner had some how devised a sort of earthen dam that was causing the pooling of water in a ditch. A landowner cannot obstruct a drainage system. A drainage system is defined by statutes as a system of ditch or tile or both to drain property including 1 laterals, improvements, and improvements of outlets established and constructed by a drainage authority. If this landowner has constructed this earthen dam type structure to block a ditch, then it would come under the provisions of this statute. The County Board of Commissioners, if they determine that a drainage system has been obstructed, shall notify the person responsible for the obstruction as soon as possible and direct the responsible person to remove the obstruction. If the obstruction is on private property, the owner is responsible for the obstruction unless the owner approves otherwise. Minn. Stat. Ann. §103A.075. From the information I have been given, this seems to be an obstruction of a drainage system. However, the landowner may argue that this is a minor dam, which by law landowners can construct on their property in order to create or improve a waterpower for milling or manufacturing purposes. There is no permit requirement for a "minor dam." A minor dam is defined as a dam that is less than six feet in height or that impounds less than 50 acre feet of water storage at maximum storage elevations. A barrier for water is considered a dam if it is across a stream or other water course. It is considered a drainage 1 1 1 Mr. Don Ashworth August 28, 1992 Page 3 system obstruction if it is constructed in a ditch or tiled area. I believe that you have the facts sufficient to form a belief as to whether this is a drainage system obstruction or a minor dam and can proceed accordingly. If you have any questions or concerns, please feel free to 1 contact me. Very truly yours, 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: fitlAACOMIN Renae D. Steiner RDS:clk c: Mr. Todd Hoffman 1 Mr. Paul Krauss Mr. Dave Hempel 1 1 1 1 1 1 1 1 1 CITYOF CHANHASSEN 690 COULTER I • • OU DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 September 3, 1992 1 1 Dear Chanhassen Senior: 1 It was less than three short years ago that the City of Chanhassen first became actively involved in issues and needs of our senior citizens. In that short period of time, we have rapidly progressed from doing an initial survey of senior needs, to creating a full time advisory Senior Commission, to the studying of the feasibility of a senior center; actually constructing, opening, and operating the center and finally, to move on to new areas of exploration including the possibility of senior housing. The time has passed rapidly and, on behalf of the staff at the City of Chanhassen, we look forward to the future with great interest and excitement. Through it all, we have experienced occasional turbulent times and undoubtedly as we move forward into the future, there will continue to be areas that need improvement. However, we believe that we should all be proud of the progress that has been made to date. Having recently opened the doors to our new Senior Center , we are confronted with a need to adapt to some changes. Judy Colby, who has served as our Senior Coordinator for the past year, has told us that due to the pressures of her family and business, she will no longer be able to continue in her capacity. Judy's service to the city and the senior community has ' been invaluable. She has helped us bridge the difficult transition between planning the Senior Center and actually getting the doors open and making services available. We would like to commend her for her diligent service and genuine concern and dedication in her work with our center, but it is now time to move on. We are pleased to be able to introduce you to Dawn Lenime, who will hopefully be our new full time Program Specialist/Senior Coordinator. Dawn's permanent, full time position must be approved as part of the 1993 budget process. Due to the multiple functions of this new position, coupled with Dawn's dedication towards her work, we are confident this new position will be approved. Dawn brings a lot of experience with her. She was the Recreation Supervisor in Buffalo Grove, Illinois for four years, where she had extensive experience in providing senior services. In her work with our Park and Recreation Department, she has proven to be a highly dedicated employee who is truly excited about the potential of the Is 1 t41 PRINTED ON RECYCLED PAPER 1 1 September 3, 1992 Page 2 1 Senior Center. Of equal importance is the fact that Dawn will be available for many more hours a week than Judy. The city obtained Judy's services through contracting the Senior Community Services for 12 hours per week. We have found that the demands of operating the center are far in excess of what this arrangement was able to provide. As a full time employee of our Park and Recreation Department, Dawn would have major responsibilities with the Senior Center and its operation. She is in a position to be available to meet your needs for many more hours per week than what was available under the prior arrangement. Additionally, her position will strengthen the ties between the Senior Center and Chanhassen's Park and Recreation Department, which will become the governing department for the Senior Center, and is ideally suited to facilitating programming activities. Focusing our staffing of the Senior Center in the Park and Recreation Department makes a good deal of sense from the city's organizational standpoint. It will in no way detract from our dedication to providing you with the services and programs you desire. The programming I of senior activities is the primary goal and purpose of the Senior Center. As originally agreed to, other groups wishing to use the Senior Center space will only be allowed to do so if this use does not conflict with senior activities. The city is extremely short on public meeting space and we feel it to be prudent to maximize use of the Senior Center at times when it would otherwise be closed. When non - senior activities are conducted in the Senior Center, appropriate measures will be taken to ensure that the facilities are utilized and 1 maintained properly. We hope you will feel free to call Dawn if you have any concerns with the Senior Center or would like to have some input into upcoming activities and events. All of us look forward to continuing our successful relationship with you, as we also look forward to working with you in the future. 1 Since rel 74ele ul Krauss, AICP Todd Hoffman, CLP Planning Director Park and Recreation Coordinator ' PK:TH:v 1 1 1 1 i C ITYOF 1 ,,,, CHANHASSEN r II 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 01 , _ ‘ (612) 937 -1900 • FAX (612) 937 -5739 , September 4, 1992 .r Dear Resident: 1 As you may be aware, the aquatic plant, eurasian water milfoil (EWM), is growing in the waters of Lotus Lake. Through the assistance of the Lotus Lake Homeowners Association, portions of the lake were treated for EWM on July 14, 1992. This treatment was carried out by Lake Restoration, Inc. under contract with the city. The majority of the areas treated that day were under 5 feet in depth, as the highest populations of milfoil have been found in less than 3.5 feet of water. Subsequent inspections have determined that this treatment was only partially effective. 1 The city is fortunate to have entered into a joint powers agreement for herbicide applications for the treatment of EWM on Lotus Lake with the Department of Natural Resources. This agreement is effective only through November 30, 1992. Mr. Tom Sak, Coordinator of the Department of Natural Resources EWM Program and other employees of the DNR, conducted an inspection of Lotus Lake on Wednesday, September 2, 1992, for the purpose of identifying 1 milfoil plant communities and marking their location for treatment. I wish to notify residents that Lotus Lake will be treated for eurasian water milfoil by a 1 private applicator under contract with the Department of Natural Resources on Wednesday, September 9, 1992. The public access will be closed from 8:00 a.m. that day until 4:00 p.m. the following day, Thursday, September 10th. In the interest of realizing a safe and effective II treatment, I am asking that riparian owners and those with access to the lake through associations refrain from utilizing the lake for boating, swimming, or other uses during this I same time. The DNR will follow up this treatment with-additional inspections of the lake to determine its effectiveness and if any adverse affects on other plant communities occurred. The control of eurasian water milfoil, through the application of herbicides, is not a cure all 1 for what ails our lakes. However, through the continued efforts of the homeowner associations, the newly administered Surface Water Management Task Force, our watershed districts, the DNR, and the city, the laborious process of improving the quality of Lotus Lake and the other lakes within our city will persist. 1 Is t PRINTED ON RECYCLED PAPER 1 1 September 4, 1992 Page 2 If you have any questions in this regard, please do not hesitate to contact me. Sincerely, 07;67 7/7e70/0,.._ Todd Hoffman Park and Recreation Coordinator 1 TH:v P. S. Please assist me in spreading this news to residents living on or near Lotus Lake. This letter is being mailed to riparian owners and to homeowner association contacts w are currently on our mailing list. pc: ayor and City Council Park and Recreation Commission Surface Water Management Program Task Force Riley Purgatory Bluff Creek Watershed District Tom Sak, Eurasian Water Milfoil Coordinator, DNR Don Ashworth, City Manager Scott Harr, Public Safety Director Dale Gregory, Park Foreman 1 1 l 1 • 1 1 1 1 1 . CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. ee Au.kt Attorneys at Law Thomas J Camrhell (612) 452-5001 Rt,,er \ Knutson Fax (612) 452 -5550 Thomas NI Scott rt Gar■ Li Fuck- James R. Walston Elliott B. Knctsch August 24, 1992 Michael A. Brohack Renae D. Steiner 1 Mr. Josiah E. Brill Siegel, Brill, Greupner & Duffy, P.A. Attorneys at Law 100 Washington Square, Suite 1350 Minneapolis, MN 55401 1 Re: Moon Valley Aggregate, Inc. vs. City of Chanhassen Court File No. 90 -27099 Our File No. 12668/201 Dear Mr. Brill: , Enclosed and served upon you by United States mail are the following: 1 1. Defendant City of Chanhassen's Notice of Motion and Motion; , 2. Affidavit of Thomas M. Scott; and 3. Proposed Order. 1 Very truly yours, ' CAMPBELL, KNUTSON, SCOTT & CHS, P.A. A- y: - '�— Thomas M. Scott ' TMS:rlt Enclosures cc: Mr. Paul Krauss (w /enclosures) Mr. Don Ashworth (w /enclosures) RECEIVED`; AUG 2 199Z CITY OF CHHNt 1 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: 10 /DECLARATORY JUDGMENT Court File No. 90 -27099 Moon Valley Aggregate, Inc., a Minnesota corporation, Plaintiff, vs. NOTICE OF MOTION AND MOTION City of Chanhassen, Defendant. TO: PLAINTIFF MOON VALLEY AGGREGATE, INC. and its attorneys, GERALD S. DUFFY and ANTHONY J. GLEEKEL, SIEGEL, BRILL, GREUPNER & DUFFY, P.A., 100 Washington Square, Suite 1350, Minneapolis, MN 55401. PLEASE TAKE NOTICE that on September 17, 1992, at 9:00 o'clock a.m., or as soon thereafter as counsel can be heard, before the Honorable Philip T. Kanning at the Carver County Courthouse, City of Chaska, State of Minnesota, Defendant will move the above -named Court for an Order as follows: 1. Enjoining Plaintiff from mining on the property which is the subject matter of these proceedings; and 2. For such other and further relief as the Court deems just and equitable. This Motion is based upon all the files and proceedings contained herein, including the Court's Order entered on April 25, 1991 and the accompanying Affidavit of Thomas M. Scott. Dated: August 24, 1992. CAMPBLL, KNUTSON, SCOTT & CHS, P.A. By: Thomas M. Scott, #98498 Attorneys for Defendant 3460 Washington Dr., Suite #202 Eagan, MN 55122 Telephone: (612) 456 -9539 1 FURTHER YOUR AFFIANT SAYETH NOT. Thomas M. Scott t \ Subscribed and sworn to before me this 24th day of August, 992. '''' •eiptelL (,) / . .e v a Public Attachment: Exhibit "A" ■ di/Jetta. 1'. r J' ym& NOTARY PUBLIC— MINNESOTA DAKOTA COUNTY My Comm. Wires Oct. 11, 1996 j 1 1 I • -3- I I CITY OF CHANHASSEN ' • CARVER COUNTY, MINNESOTA 1 IN RE: Application of THOMAS ZWIERS and FINDINGS OFZFACT 1 MOON VALLEY AGGREGATE, INC. for an Earthwork Permit AND 1 Chanhassen City Council met at its On June 22, 1992, the Y 1 regularly scheduled meeting to consider the Application of THOMAS ZWIERS and MOON VALLEY AGGREGATE, INC., a Minnesota corporation, (hereinafter collectively referred to as "Applicant ") for an Earthwork Permit. The Planning Commission previously conducted a public hearing on the proposal preceded by published and mailed p g P 1 notice. The City Council hoard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1 1. The property is located at 100 Flying Cloud Drive, 1 Chanhassen, Minnesota, consisting of an approximately 40 -acre parcel described as follows: 1 All that part of Gov't Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies Northerly of Trunk 1 Highway No. 212. ( "Subject Property ") 2. Applicant operates a gravel mining business on the 1 Subject Property. 3. The gravel mining operation is a non - conforming use in 1 existence prior to the City's adoption of its 1972 Zoning Ordinance. EXHIBIT "A" 4: The continuation of the gravel mining operation requires an Earthwork Permit pursuant to Chanhassen city Code § 7 -30, et seq. • 5. The City Council has reviewed the application in the 1 context of the goals, purposes and standards in the ordinance, the Applicants status as a non - conforming use and applicable Court 1 • ( Orders. 6. The Planning Report and all attachments thereto, dated • May 27, 1992 and prepared by Paul Krauss, is incorporated herein by reference. 7. The Planning Commission has made written Findings of Fact 1 and Recommendation which have been considered by the City Council. DSCIBICN The City Council approves an Earthwork Permit for the subject Property in accordance with the Application on file with the City Council and Plan B1 dated April of 1992, subject to the following 1 conditions: 1. Within 30 days, Applicant shall submit drainage and 1 erosion control plans to the City Engineer for review and approval 1 and within 60 days after approval install all improvements and implement the erosion control plan. Plans should be developed by a 1 professional engineer in accordance with best management practices and the Carver County Soil and Water Conservation District 1 standards. The plans shall include the following: a. Erosion control practices; b. Designs of temporary and final basins, inlet /outlet structures, etc., with final pond design complying with NURP guidelines to maintain water quality and accommodate a 100 year storm event; 1 •2- 1 II 1 c. A description of management practices required to effectively operate drainage and erosion control practices; and d. A phased plan for site restoration /establishment of ' ground cover and vegetation. All disturbed areas to be' restored with topsoil, seed mulch and /or wood fiber blanket and trees as required to prevent erosion. ' 2. Applicant shall keep drainage and erosion systems current 1 and operational and obtain approval from the City Engineer prior to the relocation of the pond(s) and /or alterations to erosion control 1 measures. 3. Applicant shall comply with all Minnesota Pollution ' Control Agency (MPCA) requirements relating to a National Pollutant 1 Discharge Elimination System (NPDES) /State Disposal System (SDS) permit and obtain such permit if required. 4. Within 30 days, Applicant shall provide to the City Engineer for review and approval an engineered construction access designed to minimize tracking mud and debris onto Highway 169/212 and install the access within 90 days after approval. The access may use one and one -half inch crushed rock. 1 5. During the course of mining operations any material or debris tracked onto the highway shall be promptly removed by the operator to eliminate a potential traffic hazard. 1 6. Brush located around the access point shall be cut back to improve sight distance. 1 7. Within 90 days, Applicant shall install an MNDOT approved deceleration /acceleration lane on eastbound Highway 169/212. 8. Within 30 days, Applicant shall submit to the City Engineer for review and approval a modified grading plan -3- eliminating off-site mining /grading that is presently illustrated on Plan B1. In order to avoid under - cutting of off -site slopes, excavated slopes shall not exceed a 1.5 to 1 grade within 100 feet of a property line at any time. When excavations exceed 2.5 to 1 slopes, temporary snow fencing and signage acceptable to the City is required at the top of the grade to make individuals aware of Il• hazardous conditions in the area. 9. No mining below the ground water table shall be allowed. Applicant shall protect existing on-site wells and permanently cap the wells in .accordance with the Minnesota Department of Health regulation when they are no longer in use. 1 10. Applicant shall permit persons authorised by the City to enter the ro ert for periodic inspections to ensure compliance P P Y p with permit conditions and take any remedial actions to correct 1 permit violations. 11. The annual permit fee for 1992 is $400.00 , 12. Within 30 days, Applicant shall provide the City Planner with a revised end -use plan consistent with all conditions of approval for City review and approval. 1 13. Upon completion of its mining operations on the site, Applicant shall restore the site in accordance with the End Use i Plan approved by the City. 14. Prior to the issuance of the Earthwork Permit: The plans required by Paragraphs 1, 4 and 8 abovs be approved by the City, the Applicant shall execute and deliver .to the City an agreement to comply with the conditions of approval herein, 1 accompanied by an irrevocable letter of credit acceptable to the -4- , 1 . City, or a cash deposit, in the amount of $51,000.00. The adequacy 1 of the amount of the letter of credit shall be reviewed annually at the time of permit renewal. ADOPTED by the City Council this 22nd day of June, 1992. 1 CHANHASSEN CITY COUNCIL $Y= Donald J. Chmiel, Mayor • ATTEST: 1 Don' Ashworth, City Manager 1 1 1 1 1 1 . 1 1 1 .5.. STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: 10 /DECLARATORY JUDGMENT ' Court File No. 90 -27099 Moon Valley Aggregate, Inc., ' a Minnesota corporation, Plaintiff, 1 vs. ORDER City of Chanhassen, Defendant. The above - entitled matter came on for hearing before the ' undersigned at the Carver County Courthouse in Chaska, Minnesota, on September 17, 1992, on Defendant's Motion for an order enjoining II Plaintiff from engaging in mining activities on the subject property. , Appearing on behalf of Defendant is Thomas M. Scott, Campbell, Knutson, Scott & Fuchs, P.A., 1380 Corporate Center Curve, Suite 317, Eagan, Minnesota 55121. Appearing on behalf of Plaintiff is , Josiah E. Brill, Jr., Seigel, Brill, Greupner & Duffy, P.A., 100 Washington Square, Suite 1350, Minneapolis, Minnesota 55401. ' Based upon all the files and proceedings contained herein, IT IS HEREBY ORDERED: 1. Plaintiff is hereby permanently enjoined from conducting , any mining or earth work activities on its property located at 100 Flying Cloud Drive, Chanhassen, Carver County, Minnesota and , legally described as follows: 1 1 All that part of Gov't Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies Northerly of trunk highway No. 212. II 2. Defendant is awarded its costs and disbursements contained herein. 1 Dated: , 1992. 1 BY THE COURT: 1 The Honorable Philip T. Kannin P g Judge of District Court 1 1 1 1 1 1 1 1 1 1 1 11 -2- 1 1 CITYOF .i , CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I September 8, 1992 1 1 Ms. Vernelle Clayton Lotus Realty 1 P. 0. Box 99 Chanhassen, MN 55317 Dear Vernelle: 1 We met on August 31, 1992, to discuss a proposal for an ice cream shop to locate at the Market I Square site. A condition of approval for Market Square PUD was that two restaurants would be permitted and that any additional restaurants would require site plan approval. The reason for this condition was that the Market Square PUD had the potential to be short on parking 1 depending upon the type of uses located at the site. The city felt the parking provided by the site plan could accommodate parking demands of two restaurants, but that any additional restaurants would have to provide proof of parking. 1 Currently, there are two restaurants located at Market Square which have received building permits and are near completion. These two restaurants are Subway and Guy's. In July of 1992, 1 you spoke to Paul Krauss about the ability to locate a restaurant called Frankies at the site. It was Paul's understanding that Frankies would replace one of the two original restaurants and that it could be located at the site as one of the two permitted restaurants (Guy's Taco Shop was the 1 other restaurant). Paul was unaware that Subway was also planning to locate in the center. Since Subway already existed, Frankies would actually be a third restaurant and could not be 1 permitted without site plan approval. Staff has reviewed the conditions of' the site, including parking availability and parking demand, 1 to determine whether Frankies and the ice cream shop could be permitted through an administrative site plan approval. The total square footage for the shopping center is 98,127 square feet (this includes the 10,000 square foot expansion for the grocery store). When , calculating the parking requirements for the shopping center, staff used the ratio of 4.5 parking spaces per 1,000 square feet of building. This results in a parking requirement of 397 parking spaces, 442 parking spaces with grocery store expansion. 1 1 i4, PRINTED ON RECYCLED PAPER 1 1 Ms. Vernelle Clayton 1 September 8, 1992 Page 2 1 The site plan submitted as part of the building permit provides 399 parking spaces with 36 future 1 parking spaces (total of 435). Of the 399 parking spaces, 6 have already been lost due to location of a trash compactor and transformer (south of the grocery store). Therefore, the actual 1 number of present parking spaces is 393, or 429 with future parking. SQUARE FOOTAGE PARKING REQUIRED PARKING PROVIDED 1 88,197 sq. ft. 397 spaces 393 spaces 98,197 sq. ft. 442 spaces 429 spaces (with expansion) As you can see, with the loss of parking spaces, the site plan is already slightly short on parking ' and some of the future parking spaces should be constructed at this time to make up the difference. The addition of two restaurants and the medical offices could result in the need for additional parking. 1 The Planning Director has reviewed the parking being provided and the parking demand and has agreed to approve an administrative site plan to allow two additional restaurants at the Market ' Square Shopping Center, specifically, Frankies and the ice cream shop, with the following conditions: ' 1. The owners of Market Square Shopping Center shall enter into an agreement with the City, drafted by the City Attorney, which will require provision of additional parking spaces in one of the outlots located on the site if the current number of parking spaces 1 proves to be inadequate. Staff defines inadequate parking as when the city documents parking within fire lanes, off site on public right -of -ways, etc. If additional parking is required, the owners of the shopping center shall be required to submit a site plan for 1 staff approval which provides details on the parking area including landscaping, grading and drainage. 2. The owners of Market Square Shopping Center shall have additional parking spaces constructed at this time to provide the stated 399 parking spaces. The 399 parking spaces must be provided prior to issuance of a certificate of occupancy. 3. Any additional restaurants proposed for Market Square shall be required to receive site 1 plan approval. 1 1 1 Ms. Vernelle Clayton September 8, 1992 Page 3 1 Sincerely, 1 Jo - Ann Olsen Senior Planner pc: Paul Krauss, Planning Director Roger Knutson, City Attorney Scott Harr, Public Safety Director Mark Littfin, Fire Marshal Steve Kirchman, Building Official Planning Commission City Council 1 1 1 1 1 1 1 1 1 1 1 1 r CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 O7 1 (612) 937 -1900 • FAX (612) 937 -5739 1 September 8, 1992 1 Mr. Bill Janahosky, President Value Recreation, Inc. P.O. Box 386 Chanhassen, MN 55317 1 Dear Mr. Janahosky: To say that I was disheartened by our phone conversation of today is an understatement. Many of your comments to me were offensive. By calling in to question my professional and personal character in regard to my relations with Chanhassen businesses, I feel it is necessary to respond. 1 Bill, I do not appreciate your sarcastic referral to my position as City Liaison to the Chanhassen Chamber of Commerce Board, which I have held for over the past five years. It is certainly for no personal gain that I volunteer my time in this capacity. As the coordinator of the City's Park ' and Recreation Department, we call upon local businesses to support many of the activities and special events sponsored by the department. Giving time back to the Chamber is one way of ' expressing appreciation for this support. In addition, I have had the opportunity to work with many dedicated board and chamber members on a myriad of events and programs which benefit local businesses and the community as a whole. In regard to your assumption that the purchasing 1 procedures of the Park and Recreation Department are a game with rules to "figure out ", you are mistaken. My actions in coordinating the department's capital purchases are consistent, fair, and are carried out in the interest of the city. 1 Your reference to providing for your family, and since you work on commission, if you do not make sales your children will not eat is disturbing and perhaps a bit dramatic; however, ' purchasing decisions are not based on emotion. I continue to offer Value Recreation the same opportunities to do business with the city as any other vendor. You seem to be content when business goes your way, but attempt to discredit me and my actions when it does not. This is 1 not only distressing, but also confusing. All other vendors I deal with, when told their price quote has not been accepted, simply reply, "Thank you for the opportunity to provide you these prices. Please call us again on your next project.", or something in that regard. PRINTED ON RECYCLED PAPER 1 Mr. Bill Janahosky I September 8, 1992 Page 2 Bill, I was pleased with your handling of the department's, recent purchasing activities up until 1 today. Please remember, you made the choice to regress to making continued accusations of unfair practices. Respectfully, , — , -- ce ei) f7,r. I Todd Hoffman 1 Park and Recreation Coordinator TH:k 1 pc: Don Ashworth, City Manager I Mayor and City Council 1 1 1 1 1 1 • 1 1 1 1 1 1 CITY OF e e -N- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937 -1900 • FAX (612) 937 -5739 ' MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Scott Harr, Public Safety Director DATE: August 19, 1992 SUBJ: Erosion Control Inspection Policy After working closely with Public Works Director Charles Folch and his department, Building Official Steve Kirchman drafted the attached policy regarding erosion control inspections. The 1 drafting of this policy by the Engineering Department and the Building Inspection Division is a result of the importance the City Council has placed on maintaining effective erosion control. It was the consensus of those involved with drafting the attached that the Building Inspectors were in the best position to enforce 1 erosion control requirements. In fact, we have had several situations arise within the last month where serious erosion control problems were in existence, and that were remedied through the use of the attached policy. 1 1 1 1 1 top PRINTED ON RECYCLED PAPER 1 CITYOF 1 1 `',.... r .. 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 1 r ` (612) 937 -1900 • FAX (612) 937 -5739 II INSPECTION DIVISION POLICY EROSION CONTROL II The following items are the Inspections Division requirements II pertaining to the installation of erosion control on individual lots within the City of Chanhassen. 1) Prior to any excavation, erosion control must be installed as II required on City approved survey. Installation specifications are contained in attachment titled SILT FENCE ( #29- 1992A). II 2) Upon site inspection, additional erosion control measures may be required by Inspection Division personnel. ' 3) Erosion control measures must be maintained during all phases of construction, and remain in place until proper vegetation has been established. II 4) Erosion control may be omitted in front of paved or gravel base driveways. 1 5) Persons working on sites where deliveries may result in mud and dirt tracking on streets, are responsible for promptly II cleaning the streets; on a daily basis if necessary. 6) Building inspections will not be performed and a stop work order may be issued where erosion control is not in place or II maintained; where excessive dirt is on the streets; or where site erosion is present. II II Inspections Division II Erosion Control Policy #29 -1992 Date: 07/16/92 II is Revised: Approved - Public Safety Director Page 1 of 1 ! t fi PRINTED ON RECYCLED PAPER I SILT FENCE INTRODUCTION Silt fences are temporary barriers intended to intercept and detain small amounts of sediment from disturbed areas in order to prevent sediment from leaving the site. t The effectiveness of silt fences forc.trapping sediment is mainly a function of the apparent opening size of the fabric. However, it shall also be small enough to maintain an acceptable flow rate. Silt fences shall be used where: (1) the drainage area is less than 2 acres, (2) the maximum uncontrolled slope length above the silt fence is 150 feet, and (3) water reaches the silt fence as sheet flow. • 1 REQUIREMENTS 1. Silt fences shall be installed on the contour (versus up and down a hill) and constructed so that flow cannot bypass the ends. 2. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units, with each unit having a length less than 600 feet. Figure 5.1 shows a ' typical silt fence layout. 3. Silt fences may be constructed with or without supporting fences such as snow fences or wire mesh fences. If support fences are included, they shall be strong enough to withstand the load from ponded water and trapped sediment. The support posts shall be spaced at 10 feet or less, and shall be driven 11 at least 2 feet into the ground. Posts shall be 4 -inch diameter wood posts or standard steel fence posts weighing not less than 1.3 pounds per lineal foot, with a minimum length of ' 30 inches plus burial depth. 4. When a silt fence is installed without a supporting fence, the posts shall be spaced at 4 feet or less. Posts shall be ' placed or driven at least 2 feet into the ground. Posts shall be 2 -inch square or heavier wood posts or standard T- or U- section steel posts weighing not less than 1.0 pound per lineal foot, with a minimum length of 30 inches plus burial depth. 5. The fabric shall meet the following criteria: • ' Property Test Method Rau irement 1 Grab Strength* ASTM -D -1682 90 lbs. minimum ' Exerpted from: Construction Site Erosion & Sediment Control Best Management Practice Handbook 1 Attachment: #29 -1992A Date: 08/07/92 Revised: W... ...,7 s C ee 4 cir - Alt litor CHANHASSEN II A) 0 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 II MEMORANDUM 1 TO: Todd Gerhardt, Assistant City Manager FROM: Scott Harr, Public Safety Director ' 1 DATE: August 19, 1992 SUBJ: Steve Winters II Attached is the resignation letter from CSO Winters, which you and 1 I discussed. Per our discussion, I will proceed with placing an ad in the newspaper for the position of CSO, so that we can complete the interview process prior to Steve's leaving. It is imperative II that someone be onboard and trained when Steve leaves, because being short personnel, particularly with the contract with the other cities for animal control, leaves us in a seriously short II personnel position. Thanks, Todd. cc: Don Ashworth, City Manager 1 1 1 1 1 1 1 1 flt i4 PRINTED ON RECYCLED PAPER 1 t• CITYOF CHANHASSEN 110 � M 690 COULTER DRIVE • P O BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 fi Director Scott Harr August 12, 1992 Chanhassen Public Safety Chanhassen, MN 55317 Dear Scott, Please accept this letter of resignation from my position as a Community Service Officer effective October 23, 1992. I am terminating my employment with the City of Chanhassen for personal reasons only. I have enrolled at Mankato State University to complete my four year degree. I want to express my sincere appreciation to Director Scott Harr and the City of Chanhassen for the oppurtunity to work for the Public Safety Department. It has been an invaluable learning experience that I will refer to for years to come. Sin ely, Steven Winters Community Service Officer Chanhassen Public Safety 1 1 ,, - . a PRINTED ON RECYCLED PAPER 1 3 (•4ADrT-,oN) CHANHASSEN O ITY OF F := 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Charles Folch, City Engineer DATE: September 14, 1992 SUBJ: Award of Bids for Phase I of Upper Bluff Creek Trunk Utilities Project No. 91 -17 The staff report for this agenda item submitted with the packet last week provided a brief explanation for the change in the bid opening date from Tuesday, September 8 to Friday, September 11, 1992. Given that the revised date for the bid opening would occur one day after the Council packets are distributed, the report also stated that I would provide information on the bid results and a recommendation at tonight's meeting necessitating the preparation of this memo. During the design process, the Metropolitan Waste Control Commission, the City of Chaska and the City of Chanhassen were concurrently working on a joint powers agreement to allow sewer flow from Chaska to be diverted, on an interim basis, through Chanhassen to the Lake Ann Interceptor via the lift station and forcemain to be constructed as a part of this project. Some design modifications and associated costs were incurred with providing for this intercommunity flow; however, Chanhassen will be reimbursed by the MWCC for their prorated share of these capital costs. Due to development timing, the utilities through the Stone Creek Addition, which were previously scheduled to be a part of Phase II, have now been included in Phase I. The additional costs will be recovered through trunk and lateral benefit assessments to the lots within the subdivision. Attached to the previous staff report was a letter from Bonestroo, Rosene, Anderlik & Associates providing an itemized list of project elements and changes which were not known or a part of the previous report estimate and a revised construction cost estimate of $2,348,000. On Friday, September 11, 1992, bids were received and opened for the project. A total of 11 bids were received with the low bid being submitted by Progressive Contractors at $2,352,258. This is roughly $4,000 or less than 0.2% above the engineer's estimate. Given the favorable low bid received, it is predicted that the trunk and lateral assessments �«►� PRINTED ON RECYCLED PAPER 1 1 Don Ashworth September 14, 1992 ' Page 2 1 generated and MWCC reimbursement to Chanhassen for interim capacity to Chaska will balance the overall project cost for Phase I of the Upper Bluff Creek project. ' A number of easements need to be acquired for this project. The City is continuing to work with property owners during this acquisition process. Two easement areas are critical, from a timing standpoint, in order to begin construction this fall. Those easement areas are along the future extension of Lake Drive West from County Road 17 to Audubon Road and on Audubon Road from the extension of future Lake Drive West to approximately 1300 feet south. Since easement acquisition may take up to 90 days, staff will try to obtain "Right-of- Entries" from these two properties. Progressive Contractors, Inc. has performed satisfactorily on projects of similar size in other metro area communities. It is therefore recommended that Phase I of the Upper Bluff Creek Trunk Utility Project No. 91 -17 be awarded to Progressive Contractors, Inc. at a total base bid of $2,352,258 contingent upon receiving full easements or "Right -of- Entry" for the aforementioned areas along future Lake Drive West and Audubon Road by October 12, 1992. ktm Attachment: Bid Tabulation c: Dave Hempel, Sr. Engineering Technician Bob Schunicht, BRA Phil Gravel, BRA File No. 39305 II CHANHASSEN, MN. UPPER BLUFF CREEK DISTRICT ' BID DATE: SEPT. 11, 1992 BID TIME: 3:30PM C.S.D.T. 1 Pm CONTRACTORS TOTAL BASE BID I 1. BARBAROSSA AND SONS _ Z j b3o, 93G.70 2. PROGRESSIVE CONTRACTORS V Z. 352, 2.00 O II 3. NODLAND CONST. II 4. RYAN CONT. 2, 1 /544, 1 1 Z3 • 40 q% 5. LAMETTI AND SONS Z II 6. ARCON CONST. 7. VAN BERGEN & MARKSON II 8. HARDRIVES I 9. RICE LAKE CONT. 10. LATOUR CONT. ` / 11. KENKO CONT. v 2 5 D. 50 0 e 12. NORTHDALE CONST. V 4 2 i • , ; II 13. SHAFER, INC. 14. BROWN & CRIS, INC. ✓ v 2 4-9 2. . /O II 15. S.J.LOUI$ CONST. Z, (pg 794-• (9 I 16. JAY BROTHERS 17. FISHER -BJORK SHEET METAL II 18. LANDWEHR HEAVY MOVING ✓ 2, /Y- 0, 2r3 .SC> 19. GRIDOR CONST. II 20. ROBERT T. TAMBORINO 21. JOHNSON BROS. 2� g 77� '�7, Jv I 22. BENTEC ENGINEERING II 23. S.M.HENTPE8 & SONS 2 RICHARD KNUTSON, INC. II 2fi RICHARD tu�vUU SS � / T'